Supreme Court Judge Roy Jones yesterday threw out an application which investment club Olint Corporation Ltd had brought seeking to bar Michael Hylton, QC, from representing the National Commercial Bank.

Olint claimed that because of Hylton's former positions as solicitor general and chairman of the Financial Services Commission, there was a conflict of interest. It also contended that there was a real risk that confidential information which Olint gave him could be disclosed to the bank.

Injunction

The bank had notified Olint in November last year that it was going to close its accounts because of a Supreme Court ruling that it was not regulated by the FSC. Olint took the issue to the Supreme Court and got an injunction barring the bank from closing its accounts until the matter was heard.

When the matter came for hearing, Hylton informed the judge that he was representing the bank and Olint's lawyers applied for Hylton to be removed from the case.

Attorneys-at-law Dave Garcia and Carlene Larmond who represented Hylton opposed the application. Hylton in his affidavit described the application as misconceived and said it "amounts to nothing more than setting a cat amongst the pigeons".

The judge heard legal arguments in the matter and ruled yesterday that there was no evidence that there had been a breach of confidentiality by Hylton or that he gave confidential information to the bank that was harmful to Olint. It was the judge's finding that the exercise of the jurisdiction to disqualify Hylton from acting for the bank interfered with the bank's right to counsel of its choice.

Olint was ordered to pay Hylton's legal costs and the issue in relation to the closing of the accounts has been set for hearing next week Thursday.