M

We have updated our website and myADLS. To access your myADLS account, please reset your password by using the “Forgot password” option or Click Here. If you need further assistance, contact us at helpdesk@adls.org.nz or 09 871 1385.

Back Home 5 News 5 Court confirms jurisdiction to remove counsel but declines in this instance

Court confirms jurisdiction to remove counsel but declines in this instance

11 Aug 2023

| Author: Hannah Hellyer

Civil procedure – unsuccessful application to remove counsel and solicitors for 19 respondents – court’s jurisdiction to disqualify counsel at the instance of an opposing party

Zhong v Li [2023] NZCA 300.

 

Xing Zhong applied to remove counsel and solicitors for 19 respondents, alleging conflict of interest, breach of professional standards, dishonesty, and vexatiousness.

The substantive proceeding concerned liability under a series of agreements for the sale and purchase of land. Following trial, Green Land Investment was found liable to the 19 respondents. The mortgagee sales of the lots by Zhong were found to be void.

 

Applicable principles: Whether the court has jurisdiction to disqualify counsel at the instance of an opposing party – whether counsel’s involvement risks injustice or brings the court’s processes into disrepute – whether Zhong’s allegations of conflict of interest, breach of professional standards, dishonesty and vexatiousness met high threshold for removal of counsel – whether they amount to extraordinary circumstances.

 

Held: Application to remove counsel and solicitors for 19 respondents declined.

The court has jurisdiction to disqualify counsel at the instance of an opposing party where their involvement risks injustice or brings the court’s processes into disrepute. However, it is sparingly exercised. No sufficient justification in this case; the application rested on unsupported allegations.

 

Hannah Hellyer is an Auckland criminal defence barrister and a member of the ADLS Criminal Law committee and Parole Law committee

 

Zhong v Li & Ors [2023] NZCA 300

Li & Ors v Green Land Investment Ltd & Ors [2022] NZHC 1906

Subscribe to LawNews

The weekly online publication is full of journalistic articles written for those in the legal profession. With interviews, thought pieces, case notes and analysis of current legal events, LawNews is a key source of news and insights for anyone working within or alongside the legal field.

Sign in or
become a Member
to join the discussion.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

Latest Articles

Gloriavale wins fight to keep its bank accounts – for now

In July 2022, the Bank of New Zealand (BNZ) gave notice of its intention to terminate its banking relationship with various companies and entities associated with the Christian Church Community Trust, more commonly known as the Gloriavale Christian Community.

read more
Loading...