Lee v Keddie [2010] NSWSC 1010

Lee v Keddie [2010] NSWSC 1010

Given the plaintiffs' inability, despite reasonable efforts, to retain suitable senior counsel after a conflict was identified with their previously briefed counsel, it would not be just to force them to proceed without such representation; the hearing should be vacated to ensure a fair trial and effective case management.

Jurisdiction
Australia
Judgment Date
07 September 2010
Procedural Posture
Application in Defamation Proceedings / Interlocutory—application to Vacate Hearing Date
Outcome
Hearing commencing 13 September 2010 vacated; liberty to approach List Clerk for new date; costs reserved for trial judge.
Legal Topics
['adjournment of Hearing' 'retainers—conflict of Interest' 'counsel Availability' 'costs—vacated Hearing']
['defamation' 'civil Procedure'] ['adjournment of Hearing' 'retainers—conflict of Interest' 'counsel Availability' 'costs—vacated Hearing']

Case Brief

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Procedural Posture

Application in Defamation Proceedings / Interlocutory—application to Vacate Hearing Date

Legal Issues

  1. 1 ["Whether the hearing should be vacated due to plaintiffs' inability to procure senior counsel following conflict of interest arising from previous advice given by retained counsel to defendants" 'Whether plaintiffs should proceed to trial without senior counsel' 'Appropriate procedural orders given the circumstances']

Ratio Decidendi

Given the plaintiffs' inability, despite reasonable efforts, to retain suitable senior counsel after a conflict was identified with their previously briefed counsel, it would not be just to force them to proceed without such representation; the hearing should be vacated to ensure a fair trial and effective case management.

Court Disposition

Hearing commencing 13 September 2010 vacated; liberty to approach List Clerk for new date; costs reserved for trial judge.

Orders

  • ['The hearing commencing 13 September 2010 is vacated.' 'Liberty is granted to the parties to approach the List Clerk to obtain a new hearing date.' 'Costs are reserved.']