Di Liristi v Yosef (No 2)

[2026] NSWSC 925

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. PRACTICE AND PROCEDURE — application to restrain defendant’s solicitor from acting — alleged possession of confidential information arising from former retainer — former solicitor employed by different law firm — no precise identification of confidential information — whether real risk of misuse of confidential information — delay in bringing action — application dismissed

An application to restrain a former solicitor from acting against a former client on the basis of confidential information fails at the threshold where the applicant does not identify the alleged confidential information with specificity, rather than in merely global or conclusory terms.
Where the moving party fails to discharge the threshold burden of identifying confidential information, the court cannot assess whether there is a real and sensible possibility of misuse, and the extraordinary jurisdiction to deprive a litigant of their chosen solicitor will not be exercised.
Delay in bringing a disqualification application is a relevant discretionary factor, though on the facts it was not determinative because the hearing was still months away and no impracticality in changing solicitors was demonstrated.