Cases and authorities

TORTS – conversion – unauthorised sale of goods to bona fide purchaser – 2nd plaintiff and his wife operated a business through the plaintiff companies – they were forced to abandon the business under duress after the husband was assaulted by a former business partner and threats were made against them and their family – plaintiff companies’ goods were purportedly sold to the defendants by that business partner – whether a demand for the return of goods is a necessary element in conversion – held that the defendants are liable in conversion for the value of the goods AGENCY – ostensible authority – species of estoppel by conduct – distinguished from ostensible ownership – whether plaintiffs estopped from denying the validity of purported sales of their goods to the defendants by a third party – held that: (1) the plaintiffs did not represent that the third party had authority to sell their goods; (2) the sales were not made in the ordinary course of business; and (3) the director of the active defendants did not assume that the third party was authorised to sell the goods in reliance on any representations by the plaintiffs ESTOPPEL – estoppel by silence or inaction – estoppel by negligence – s 26 of the Sale of Goods Act 1923 (NSW) – 2nd plaintiff and his wife lost control of the plaintiff companies’ business under duress – husband assaulted by former business associate, and threats were made against him and his family – whether plaintiff companies estopped from denying the validity of unauthorised sales of their goods by reason of their inaction – whether plaintiffs were under a duty to speak out or to take action – relevance of the plaintiffs’ and defendants’ knowledge of surrounding circumstances where they were not aware of each other – held that: (1) the plaintiffs did not act unreasonably, because they had no choice but to allow the business to be taken over; and (2) the plaintiffs did not make any representations as to ownership of the goods or authority to sell the goods by allowing the business associate to remain in possession and control CORPORATIONS – insolvency – deeds of company arrangement – claims in relation to property – 13th defendant did not appear at hearing, but was subject to a deed of company arrangement – whether plaintiffs’ claim for damages in conversion was a right in relation to property within s 444D of the Corporations Act – whether plaintiffs required leave under s 444E in any event – no application for leave was made – deed was not in evidence – Court not yet satisfied that the plaintiffs are entitled to judgment against the 13th defendant

DEEDS – construction – whether unfair in all the circumstances – where former solicitor claims entitlement to transfer of shares the subject of litigation in which solicitor retained – whether various agreements between solicitor and former client unfair in all the circumstances – whether solicitor’s conduct unconscionable. LEGAL PROFESSION – whether certain documents are conditional costs agreement for the purposes of the Legal Profession Act 2004 – whether void for non-compliance with the Act – whether contingency fee – whether void. ESTOPPEL – whether former solicitor is estopped from claiming fees or costs by reason of conduct in failing to produce tax invoice until 6 years after the litigation.

CRIMINAL LAW – appeal – s 5F Criminal Appeal Act –pre-trial ruling concerning direction to be given to jury about the meaning of ‘mutilates’ in s 45 Crimes Act – whether ruling an interlocutory judgment or order under s 5F(3) Criminal Appeal Act – ruling not determinative of an identifiable part of the proceedings – ruling lacks finality – ruling is on a question of law – ruling not an interlocutory judgment or order – appeal incompetent

PROCEDURE – application to adjourn hearing date of appeal – public interest and proper administration of justice necessitate efficient use of the court system – exceptional circumstances generally required for late adjournment – in view of public interest application granted without exceptional circumstances established

CRIMINAL LAW – appeal – sentencing – whether sentencing judge erred in finding no expression of remorse – reliance on statements by offender contained in tendered reports as evidence of remorse – weight, if any, to be given to such material where offender does not give evidence – whether sentence manifestly excessive – whether regard may be had to notional starting point where it is not contended that the reduction for a guilty plea is excessive – sentence not plainly unjust or unreasonable

CRIMINAL – appeal – sentence – offence of cultivating prohibited plant in large commercial quantity – guilty plea – disputed question of fact as to whether all items located were “plants” – whether sentencing judge erred in finding as to number of “plants” – proper scope of appeal against sentence - whether finding of fact open to sentencing judge – whether sentencing judge failed to properly take into account the applicant’s subjective circumstances – whether sentence manifestly excessive

CRIMINAL LAW – Crown appeal – sentencing – Respondent pleaded guilty to one count of possessing child abuse material (s.91H(2) Crimes Act 1900 (NSW)) – sentence imposed in District Court of two years and nine months’ imprisonment with a non-parole period of 12 months – whether head sentence and/or non-parole period manifestly inadequate – head sentence of two years and nine months imprisonment not “unreasonable or plainly unjust” – head sentence not manifestly inadequate - non-parole period of 12 months failed to reflect objective gravity of offending and heightened need for general deterrence – non-parole period manifestly inadequate – residual discretion to resentence the Respondent exercised – Respondent resentenced

PRACTICE AND PROCEDURE - application for adjournment

PROCEDURE – civil – case management – whether summons seeks hypothetical advice – whether summons adequately specifies declaratory relief sought – whether matter should proceed on pleadings

PRACTICE AND PROCEDURE - amendment of pleadings – where hearing date fixed – complex medical issue – whether plaintiff delayed bringing application for tactical reasons – whether delay adequately explained

CONTEMPT OF COURT – alleged contempt before Local Court proceedings – vexatious litigant – application to vacate hearing dates – application granted

CIVIL LAW – examination orders – application for leave to examine an accused person under s 35A of the Crime Commission Act 2012 (NSW) – whether

TRUSTS – trust deed of 1957 lost – trustees seek judicial advice as to content of trusts – secondary evidence from former accountant as to deed and its contents – judicial advice given

CIVIL LAW – declarations regarding residential premises occupied by defendant – jurisdiction to hear and determine the plaintiff’s claim for possession - payment of rent in arrears – Notice of Termination – vacant possession – Residential Tenancies Act – protracted history between parties – findings of fact

COSTS - whether costs should follow the event – two proceedings heard together – plaintiff in the first proceedings is successful against defendants including the plaintiff in the second proceedings – plaintiff in the first proceedings amended its Summons shortly before hearing – whether the plaintiff in first proceedings should have all its costs both before and after the pleading amendment.

CIVIL LAW – application for mandatory psychiatric examinations pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 – application for interim supervision order pursuant to s 10B of the Act – preliminary hearing – whether defendant a "high risk violent offender" – whether test made out at preliminary stage – all preliminary orders sought by plaintiff consented to by defendant

TORTS – negligence – personal injury – mishandling of goods – whether substance on goods was toxic – not established – whether substance contaminated possessions and property – not established – whether substance caused ill health – not established – issues of credit – whether anyone tried to kill or seriously injure plaintiffs – not established – whether defendant had any responsibility for such conduct as bailee – not established – damages – damages for certain goods damaged in transit established – costs BAILMENTS - bailment for reward - duties and liabilities of bailee EVIDENCE - admissibility and relevancy - opinion evidence - failure of expert to comply with code of conduct

PROCEDURAL RULING – motion by plaintiff joint venturer for a stay of judgment against joint venture vehicle – counter motion by judgment creditor to enforce judgment – application to set aside judgment allegedly given in the absence of a party – whether applicant relevantly affected by the judgment made where the applicant is a shareholder of a party which consented to the order made – where entry of consent judgment may be an act of oppression against a minority shareholder.

COSTS – family provision claim – offer of compromise under UCPR r 20.26 made by the unsuccessful defendants – offer substantially exceeded the value of provision ordered in favour of the plaintiff – whether Court should otherwise order under r 40.15(2) – relevance of this being a family provision claim – whether offer was not “beaten” because the Court had also ordered the return of some $5,000 worth of chattels – plaintiff’s submissions on costs not supported by evidence – held that the plaintiff should pay the defendants’ costs on the indemnity basis from after the date of the offer

CRIMINAL LAW – application for review of conviction – Crimes (Appeal and Review) Act 2001 s 78 – fresh evidence – whether report from phonetics expert amounted to fresh evidence – whether report casts doubt upon police transcript provided to jury as an aide memoir – whether jury may have been misled by aide memoire – where standard directions given to the jury by the trial judge were found to be sufficient – no sense of unease or disquiet in allowing conviction to stand – application dismissed

PRACTICE AND PROCEDURE – application for preliminary discovery – plaintiffs are two beneficiaries under a trust – first plaintiff succeeded the first defendant as trustee of the trust – shares held on trust entitled holder to dividends calculated on a certain basis – whether plaintiffs may have claims in respect of underpayment of dividends, inducing breach of contract, breach of trust, knowing involvement in a breach of trust, and breach of director duties – whether plaintiffs would have standing to bring potential claims against the former trustee and a third party – whether information obtained by plaintiffs to date is sufficient for them to decide whether or not to bring proceedings – whether plaintiffs made reasonable enquiries – held that an order for preliminary discovery should be made in respect of most categories sought by the plaintiffs TRUSTS AND TRUSTEES – parties to suits – current trustee gave an undertaking not to commence proceedings on behalf of the trust – whether proceedings by a beneficiary against a former trustee would be brought on behalf of the trust – whether necessary to show ‘special circumstances’ – whether plaintiffs might be entitled to bring proceedings against a third party – held that the beneficiaries could have standing in their own right to bring proceedings against the former trustee and a third party CORPORATIONS – constitutions and articles of association – amendment to constitution – doctrine of unanimous assent – whether members may vary the company’s constitution by a course of dealing despite the formal requirements for amendment not being met – whether the Duomatic principle applies to variations of substantive rights – held that the plaintiffs could not rely on the Duomatic principle in support of their claim for preliminary discovery

ADMINISTRATIVE LAW – judicial review – reviewer fails to accord procedural fairness – effect of finding – council resolution passed on basis of reviewer’s determination – whether resolution null and void – form of declaration to give effect to finding COSTS – proceedings for judicial review – multiple claims – multiple issues - plaintiff succeeds on one issue only on one claim – whether costs should be apportioned

TORTS – negligence – beach of duty of care – causation – where plaintiff involuntarily detained as a mentally disordered person under the Mental Health Act 2007 – s 47 Mental Health Act 2007 – where period of leave granted to plaintiff to reside with parents – where plaintiff attempted suicide while on leave – where plaintiff sustained significant and permanent injuries – regard to statutory time limit of involuntary detention under Mental Health Act – whether breach of duty of care to grant leave – decision to grant plaintiff leave not unreasonable – whether imposition of formal conditions of leave ought to have been put in place – no requirement for imposition of formal conditions – whether instructions or advice given to plaintiff’s parents prior to grant of leave – whether breach of duty of care to not provide clear instructions – s 43A Civil Liability Act 2002 – ‘special statutory power’ – whether defendant failed to exercise a special statutory power – advice not provided in exercise of power – breach of duty established – causation – application of s 5D Civil Liability Act 2002 – failure to properly advise parents did not cause plaintiff’s injuries – causation not established

BANKRUPTCY – where solicitors sent bill of costs to former clients – joint debtors – where solicitors applied for assessment of costs – where costs assessor issued certificate of determination of costs – where solicitors filed in court copy of certificate to effect entry for purposes of s 208J(3), Legal Profession Act 1987 (NSW) and s 133(3), Civil Procedure Act 2005 (NSW) – where one former client bankrupted between date certificate issued but before certificate filed – where court entered judgment against former clients for amount of costs determined on certificate – whether filing certificate commenced any legal proceeding or was a fresh step in such a proceeding and not competent except with leave – s 58(3)(b), Bankruptcy Act 1966 (Cth) – whether certificate enforceable against joint debtor not bankrupt ESTOPPEL – Issue estoppel – Anshun estoppel – Res judicata – estoppel in the face of a statute LEGAL PRACTITIONERS – Costs – assessment – bill of costs – interest – legal practitioner’s entitlement to interest on bills of costs – whether costs assessor has power to determine legal practitioner’s claim for interest on bill of costs – s 208E, Legal Profession Act 1987 (NSW) JUDGMENTS – enforcement – where costs assessor issued certificate of determination of costs – where solicitors filed in court copy of certificate to effect deemed judgment – s 208J(3), Legal Profession Act 1987 (NSW) – where certificate did not include amount for interest – where solicitors included on Form 45 filed with certificate amount of interest accrued since date of bill of costs – where court entered judgment against former clients for amount of costs determined on certificate not including amount of interest – whether filing Form 45 constituted effective, if irregular, invocation of ordinary jurisdiction of court in which filed in an action at law for a money sum (being the interest claimed) – whether court had jurisdiction to amend deemed judgment to include amount of interest APPEAL – whether abuse of process to seek judicial review of lower court decisions rather than appeal – leave to appeal – extension of time – where proceedings raise questions of legal principle and public importance – where no prejudice caused by delay APPEAL – where appeal from Local Court should have been commenced in Common Law Division – whether may be continued and disposed of in Court of Appeal – s 51(2), Supreme Court Act 1970 (NSW)

APPEAL - search warrant - Law Enforcement (Powers and Responsibilities) Act 2002, s 48 - whether validly issued - whether issuing officer had reasonable grounds for issuing warrant - searchable offence nominated by applicant police officer - offence against Crimes Act 1900, s 326(2) - reprisals against judges, witnesses, jurors - connection with any judicial proceeding - whether judicial proceeding encompasses judicial proceeding contemplated but not commenced - role of issuing officer in deciding whether reasonable grounds for issuing warrant - whether required to consider or determine complex legal issues - Baker v Campbell [1983] HCA 39 - search warrant validly issued APPEAL - whether search warrant had been sought for an ulterior motive - proposition never put to the witness - Browne v Dunn (1893) 6 R 67 - no evidence supporting proposition - leave to appeal granted - appeal dismissed

APPLICATION FOR STAY - stay of committal proceedings in the Local Court pending application for leave to appeal to Court of Appeal - proceedings considerably delayed - no merit in arguments for granting stay - grounds of appeal foredoomed to failure - stay refused

TORTS – negligence – slip and fall by employee while stepping up into gatehouse at work – claims against employer and occupier – primary judge found step up into gatehouse to be “higher than normal” – occupier subsequently installed intermediate step – employee’s evidence regarded by primary judge as unreliable – no precise findings as to height of step up into gatehouse – no precise findings as to mechanism of accident – whether proper basis for findings of breach of duty and causation – findings of breach set aside – appeals by employer and occupier allowed

PROCEDURE – tutors – determination that a person is under a legal incapacity – whether such a determination by a court has the effect that proceedings involving such a person are automatically stayed – Uniform Civil Procedure Rules 2005 (NSW), r 7.14 PROCEDURE – tutors – application for appointment of tutor – requirement to nominate a person as tutor and to provide evidence that the proposed tutor consents to being appointed – Uniform Civil Procedure Rules 2005 (NSW), r 7.18(5) PROCEDURE – tutors – appointment of tutor – regularity of orders purporting to appoint a tutor without naming a person as tutor – Uniform Civil Procedure Rules 2005 (NSW), Pt 7 Div 4

WORKERS’ COMPENSATION – entitlement to lump sum compensation for permanent impairment – Workers Compensation Act 1987 (NSW) (1987 Act) s 66, and Sch 6, Pt 19H, cl 15 – Workers Compensation Regulation 2010 (NSW) Sch 8, cl 11 – one claim limitation in s 66(1A) of the 1987 Act introduced with effect on and after 19 June 2012 (Critical Date) – whether claim for lump sum compensation made prior to Critical Date distinct from further claim made after Critical Date – whether cl 15 of transitional provisions had effect that one claim limitation applies to claim for lump sum compensation made on or after Critical Date – whether cl 11 of transitional regulations had effect that making earlier claim for lump sum compensation (which had been resolved) excluded one claim limitation in respect of further claim made on or after Critical Date WORKERS’ COMPENSATION – ss 66(1A) and 66A(3)(c) of the 1987 Act – whether s 66A(3)(c) permits further claim for lump sum compensation after Critical Date additional to that payable under a complying agreement made prior to Critical Date – Commission’s power to award additional compensation under s 66A(3)(c) dependent upon worker’s entitlement to claim under s 66 as amended WORKERS’ COMPENSATION – meaning of “one claim” in s 66(1A) of the 1987 Act – whether “one claim” means one further claim for lump sum compensation on or after Critical Date – one claim limitation operates on facts antecedent to Critical Date

PROCEDURE – judgments and orders – application for stay of orders pending proposed appeal.

CORPORATIONS – deregistration – application to reinstate company under Corporations Act (2001) Cth s 601AH(2) – whether plaintiff is a person aggrieved by deregistration of company – whether just to reinstate the registration of company.

CORPORATIONS – voluntary administration – deeds of company arrangement (DOCA) – whether DOCA void – validity of releases of third parties – (CTH) Corporations Act 2001, s 444D(1) – whether provisions release parties other than company subject to deed – whether deed had or purported to have effect of binding creditors to release third parties – whether DOCA conforms to terms of creditors’ resolution – severance – whether third party releases severable – where DOCA expressly provides for severability – where severance clause in DOCA itself potentially invalid – whether third party releases crucial and central part of DOCA structure .

CONTEMPT – sentencing – Crimes (Sentencing Procedure) Act 1999 (NSW) – possibility that imposition of a community service order may be appropriate – statutory requirement that an assessment report first be produced by the Probation and Parole Service – orders requiring the production of such a report

MEDICAL NEGLIGENCE – joint conference of experts on damages – whether vocational assessor and occupational therapist should participate in joint conference with rehabilitation physicians.

COSTS – unsuccessful appeal against refusal by Bar Association to issue local practicing certificate to plaintiff – plaintiff to pay costs of the appeal – whether costs should be on an indemnity basis

CONSTITUTIONAL LAW – whether s 7(1)(e) of the Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) is a valid law with respect to external affairs under s 51(xxix) of the Constitution – whether external affairs power is qualified by principle of proportionality – s 7(1)(e) valid law with respect to external affairs – no need to consider defence and incidental power CRIMINAL LAW – application to quash indictment on the basis that law is constitutionally invalid – offence provision a valid law with respect to external affairs – application dismissed

CRIMINAL LAW – female genital mutilation – persons charged with mutilating clitoris of child contrary to s.45(1)(a) Crimes Act 1900 – consideration of directions to be given to jury concerning elements of the offence – phrase “excises, infibulates or otherwise mutilates” in s.45(1)(a) – meaning of the word “mutilates” – Crown submits that includes any injury to any extent for non-medical reasons – Defence submits that requires cutting off, destroying or altering radically – meaning to be construed by the context of the section and the purpose or object of the legislation – s.45 intended to prohibit female genital mutilation in all its forms where injury results –construction which serves to promote the purpose or object of s. 45 to be favoured – consideration of extrinsic material – application of ss.33 and 34 Interpretation Act 1987 – jury to be directed that “mutilates” in s.45 extends to any injury for non-medical purposes – proper construction of “clitoris” in s. 45 Crimes Act 1900 – whether “clitoris” includes the prepuce or clitoral hood

INSURANCE – accident and sickness insurance – superannuation trustee holding insurance policy covering total and permanent disablement of scheme members including the plaintiff – challenging decision of the insurer – whether plaintiff totally and permanently disabled within the meaning of the relevant superannuation trust deed and insurance policy – assessment of varied opinions in multiple expert medical reports as to significance of plaintiff’s disabilities – Court finds that plaintiff overstated his disabilities – whether plaintiff likely to gain employment in roles the plaintiff is qualified in – Court finds that plaintiff is likely to be able to undertake various jobs reasonably within his original education, training and experience – plaintiff failed to establish his entitlement to TPD benefit – plaintiff’s claim dismissed

SUCCESSION – family provision and maintenance – failure by testator to make sufficient provision for applicants – applicants are deceased’s wife and only adult son – both estranged from the deceased – no provision made in deceased’s estate for applicants – applicants ‘eligible persons’ – two-step approach in s 59 of the Succession Act 2006 (NSW) affirmed – what is “adequate”, “proper”, “provision”, “maintenance” and “advancement in life” pursuant to s 59(1)(c) of the Act – whether provision made by testator is “wise and just” and is right and appropriate assessed against community standards – court has discretionary power and is assisted by s 60 of the Act – effect of long term estrangement of both applicants – relevance of “bare widowhood” and “bare paternity” – each individual case must be assessed on its own unique circumstances SUCCESSION – family provision and maintenance – principles upon which relief granted for wife – effect of the deceased remaining married to wife despite unilaterally abrogating duty to her and their son – applicant legally remains the deceased’s wife despite Uruguayan court order ending community of assets – deceased enjoyed financial benefit from not fulfilling his obligations to his wife – moral obligation cannot be escaped by repudiation or evasion – held inadequate provision made for wife by the deceased SUCCESSION – family provision and maintenance – principles upon which relief granted for son – the deceased’s performance of moral paternal obligations to his son was the antithesis of community expectations – extremity of circumstances in present case – adult son’s conduct in not attempting to re-establish relationship with the deceased does not disentitle him to provision – held inadequate provision made for son by the deceased

CRIMINAL LAW – sentence – manslaughter by unlawful and dangerous act – plea of guilty not accepted by Crown – convicted of manslaughter following trial for murder – unprovoked attack – offender intoxicated – single punch – victim fell straight back onto road – where offender mistakenly believed victim was involved in earlier altercation – extreme seriousness of offence conceded – offender has criminal record including offences of violence – reasonable prospects of rehabilitation –remorse – general deterrence – retribution – discount for guilty plea CRIMINAL LAW – sentence – assault occasioning actual bodily harm – guilty plea – offender intoxicated – punch to the mouth – victim required three sutures – partial accumulation of sentence for manslaughter and assault CRIMINAL LAW – sentence – assault – guilty plea – offender intoxicated – punch causing victim to fall to ground – victim then kicked – partial accumulation of sentence for manslaughter and assault occasioning actual bodily harm

APPEAL – appeal by DPP under s 5F(3A) against evidentiary ruling – primary judge excluded evidence of search of property that located cannabis plantation – Evidence Act, s 138 – primary judge found that information that led to search warrant was obtained as a result of a trespass by police officer – ruling excluded entirety of Crown case – scope of implied licence for persons to enter upon premises – whether police officer authorised to traverse property in exercise of “crime scene” powers – primary judge found contravention of law involved substantial gravity – primary judge found police officer acted recklessly – primary judge held balancing of factors in s 138(1) warranted rejection of evidence. HELD: in locating irrigation pipe leading to cannabis plantation police officer acting outside scope of any implied licence – police officer not exercising crime scene powers as did not form state of mind necessary for their exercise- challenge to finding of unlawful trespass by police officer rejected – challenge to exercise of discretion upheld – no basis for finding police officer acted recklessly – not open to find contravention involved substantial gravity – evidence admitted.

CRIMINAL LAW – appeal – sentencing – discount for guilty plea – whether offer to plead guilty to manslaughter indicated at earliest reasonable opportunity – no circumstances eroding utilitarian value of guilty plea – offer to plead guilty made during committal proceedings – sentencing judge erred in discounting head sentence by 20% rather than 25% CRIMINAL LAW – appeal – sentencing – non-parole period – whether primary judge erred by determining non-parole period prior to determining head sentence and taking into account special circumstances – sentencing judge made no such error

CRIMINAL LAW – sexual intercourse with a child under 10 years – aggravated indecent assault – accused was older half-brother of victim - accused aged between 11 and 13 years – doli incapax – whether presumption rebutted – what acts may be considered – whether surrounding circumstances of first offence could be used in assessing if presumption rebutted for later offences – judge alone trial – ground of appeal asserting unreasonable verdict – how Court of Criminal Appeal considers unreasonable verdict ground in a judge alone trial – sentence – whether accused occupied a position of trust - whether manifestly excessive - totality

APPEAL – leave to appeal – extent of reasons required when refusing leave to appeal ADMINISTRATIVE LAW – judicial review – review of decision of the Independent Liquor and Gaming Authority to vary extended trading authorisation – Liquor Act 2007 (NSW), ss 3, 49(8) – whether correct test of the “public interest” applied by Authority – whether relevant mandatory considerations taken into account by Authority – whether acts of Authority predating decision revealed bias – whether decision of Authority affected by legal unreasonableness

CIVIL – procedure – possession – application for stay of writ of possession

PROCEDURE – judgments and orders – defendants’ application for judgment for want of evidence under Uniform Civil Procedure Rules 2005 (NSW) r 29.10 –whether court is satisfied that judgment for the plaintiff could not be supported on the evidence.

POSSESSION – where registered proprietor died after commencement of proceedings – son seeking to represent her Estate in the proceedings and to prosecute cross-claim – whether appropriate.

PROCEDURE - approval of settlement proceedings involve a defendant who was appointed a tutor - settlement is in defendant's interests - settlement approved

ADMINISTRATIVE LAW – judicial review – Motor Accidents Compensation Act 1999 (NSW) – decision of a medical review panel – determination that consequent psychiatric injuries were not caused by motor vehicle accident - whether review panel applied the correct test for causation – whether review panel misapplied Allianz Australia Insurance Ltd v Gonzales [2013] NSWSC 362

Practice – Civil Procedure Act s 99 – costs against solicitors – undue duplication and irrelevance