| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 272/04 |
| Determination date | 30 August 2004 |
| Member | Y S Oldfield |
| Representation | M O'Brien ; S McCabe |
| Location | Auckland |
| Parties | Henry v Patrick Logistics (NZ) Ltd (formerly known as Patrick Distribution Ltd) |
| Summary | PRACTICE AND PROCEDURE - Application for disqualification of counsel - Conflict of interest - Applicant's counsel provided advice to respondent's Australian sister and parent companies - Applicant was prior client - Limited advice given - Applicant's counsel did not acquire information about respondent - At material times respondent did not have close relationship with Australian parent and sister companies - Respondent raised issue at late stage - If applicant required to change representation would significantly increase potential delay, inconvenience and expense - Authority able to stop any questioning by counsel it regarded as unacceptable - Interests of justice did not demand disqualification |
| Result | Application dismissed ; Costs reserved |
| Statutes | New Zealand Law Society Rules of Professional Conduct for Barristers and Solicitors R1.30;New Zealand Law Society Rules of Professional Conduct for Barristers and Solicitors R1.05;New Zealand Law Society Rules of Professional Conduct for Barristers and Solicitors R1.07 |
| Cases Cited | Ashfield v Xclamation Ltd unreported, RA Monaghan, 1 August 2003, AA 235/00;Black v Taylor [1993] 3 NZLR 403;Owen v McAlpine Industries Ltd [1999] 1 ERNZ 870 |
| Number of Pages | 6 |
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