| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 235/03 |
| Determination date | 01 August 2003 |
| Member | R A Monaghan |
| Representation | K Thompson ; Te Kani Williams |
| Location | Auckland |
| Parties | Ashfield v Xclamation Ltd & Anor |
| Other Parties | Bremen Group Ltd |
| Summary | PRACTICE AND PROCEDURE - Conflict of interest - Respondent's counsel previously acted for applicant in matrimonial property matter - Whether counsel to be disqualified from acting in present matter - Need to prevent exploitation of applicant - Authority investigatory body - Able to control procedures and prevent exploitation in investigation meeting - Able to control questioning - Unnecessary to disqualify counsel |
| Result | Application dismissed ; No order for costs |
| Statutes | New Zealand Law Society Rules of Professional Conduct for Barristers and Solicitors R1.01;New Zealand Law Society Rules of Professional Conduct for Barristers and Solicitors R1.03;New Zealand Law Society Rules of Professional Conduct for Barristers and Solicitors R1.05 |
| Cases Cited | Black v Taylor [1993] 3 NZLR 403;Owen v McAlpine Industries Ltd [1999] 1 ERNZ 870;Russell McVeagh v Tower Corporation [1998] 3 NZLR 641 |
| Number of Pages | 4 |
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