Jaworski v Chartered Accountants Australia and New Zealand

Confirms that where a plaintiff commences fresh proceedings raising essentially the same underlying allegations as earlier failed proceedings, the court will stay the new proceedings until outstanding costs orders from the earlier proceedings are paid, even where the legal form of relief sought differs (here, declaratory relief in own name versus derivative action). The conflict of interest argument — that corporate officers instructing lawyers have personal interests adverse to the litigation — requires more than generalised allegations of cover-up and must identify a conflict or significant possibility of conflict affecting specific decisions.