Australia, April 14 -- New South Wales Land and Environment Court issued text of the following judgement on March 17:

1. HIS HONOUR: By Notice of Motion filed on 6 February 2025, the Plaintiff seeks an order restraining the Defendants from continuing to instruct the firm of solicitors known as McCabes of Sydney, or any legal practitioner that has been retained by that firm to act, or to appear, or to advise in these proceedings. The focus of the application concerns Mr Dewan, who has conducted these proceedings for the Defendants. However, the application extends to all of the Defendants' legal representatives, including counsel.

2. The relevant background can be summarised briefly.

3. The Plaintiff, Mr Alamin, and Mr Dewan came to know each other in 2008. They became friends. They share a cultural and religious background.

4. Mr Alamin introduced Mr Dewan to the First Defendant, Mr Islam, in 2015. At the time, Mr Alamin and Mr Islam were business associates. They conducted business activities through companies in what has been called the MH Affordable Group. The business activities concerned the development of broad acre suburban property estates in Western Sydney.

5. As an employed solicitor, Mr Dewan acted as solicitor in various matters for companies in the MH Affordable Group prior to 2021. Mr Dewan was never the solicitor for Mr Alamin personally. He acted for various companies in circumstances where both Mr Alamin and Mr Islam were directors. He took instructions from them, although not always from them both at the same time.

6. The relationship between Mr Alamin and Mr Islam broke down in about the middle of 2021.

7. In 2021, Mr Islam sued Mr Alamin, alleging that Mr Alamin had made a secret profit and misapplied funds. Those proceedings were settled during the course of the hearing. By deed dated 22 November 2022, Mr Alamin promised to pay Mr Islam $3.25 million, by way of tranches. I will refer to those proceedings as the 2021 proceedings.

8. McCabes acted for Mr Islam in the 2021 proceedings. Mr Dewan was the solicitor. Mr Elliott was Senior Counsel.

9. Mr Alamin did not make any payments under the 22 November 2022 deed. He commenced fresh proceedings in May 2023, which are the proceedings before me, seeking orders that the settlement deed be rectified, or a declaration that it is void by reason of mistake. All of the steps required for hearing have been taken, and the matter is ready to take a hearing date. I am told that a trial may take around four days. I will refer to these proceedings as the 2023 proceedings. Once again, McCabes and Mr Dewan have, to date, acted for Mr Islam in those proceedings, as has Mr Elliott.

10. There has been obvious delay in making this application. Mr Alamin sought to explain that delay. After the 2021 proceedings were commenced, there was correspondence in August and September 2021 between Mr Alamin's then solicitors, Origin Lawyers, and McCabes, about whether McCabes and Mr Dewan should be acting for Mr Islam. McCabes consistently took the position that it possessed no relevant confidential information and that there was no impropriety in the firm, or Mr Dewan, acting for Mr Islam.

11. By early 2022, the law firm, Mills Oakley, had taken carriage of the 2021 proceedings for Mr Alamin. There is evidence that Mr Alamin raised the "conflict issue" with Mills Oakley and that Mills Oakley advised Mr Alamin not to pursue the issue. The issue was not pursued at that time.

12. Mr Alamin gave evidence that he instructed Professor Accoto in December 2024, and that Professor Accoto advised him that he could bring this application against McCabes and counsel. That advice, it would seem, led to this application being made in February 2025.

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/195a707e7228ba2fadfe8b70)

Disclaimer: Curated by HT Syndication.