Williamson & Anor v Metaxas & Vernon & Anor

[2004] WASCA 248

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Decision of Master
4. › Extension of time to enter appeal
5. › Miscarriage of discretion
6. › Whether substantial injustice
7. › Object of requiring leave to discourage unnecessary interlocutory appeals
8. › Supreme Court Act 1935 (WA), s 60(1)(f)
1. Legal Profession
2. › Solicitors
3. › Conflict of interest
4. › Restraint of solicitor from acting
5. › Solicitor acting for two clients in separate matters
6. › Whether interests adverse to each other
7. › Inherent jurisdiction of court to restrain solicitor
8. › Test of fair-minded reasonably informed member of the public
1. Practice and Procedure
2. › Extension of time
3. › Entering appeal for hearing
4. › Relevant factors
5. › Explanation for delay
6. › Prejudice to administration of court

Quick Take

A solicitor acting for two clients in separate and unrelated matters does not have a conflict of interest merely because those clients are on opposing sides in other litigation, provided the matters in which the solicitor acts have no connection with each other and the interests of the respective clients are not adverse. The court cannot conclude there has been a breach of duty of loyalty without examining the extent to which the interests of the two clients are actually adverse to each other.