The Trust Company (PTAL) Pty Ltd v Romeo (No 4) [2013] NSWSC 1447

The Trust Company (PTAL) Pty Ltd v Romeo (No 4) [2013] NSWSC 1447

The solicitor is justified in ceasing to act due to the client's repeated failure to provide agreed funds for costs and disbursements, after adequate notice and opportunity to remedy were given; consequently, leave is granted to file in Court a notice of ceasing to act.

Jurisdiction
Australia
Judgment Date
30 September 2013
Procedural Posture
Interlocutory Application / Application for Leave to File Notice of Ceasing to Act
Outcome
Leave granted to file in Court a notice of ceasing to act.
Legal Topics
['ceasing to Act' 'solicitor Withdrawal' 'leave to Withdraw']
['civil Procedure'] ['ceasing to Act' 'solicitor Withdrawal' 'leave to Withdraw']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Application for Leave to File Notice of Ceasing to Act

Legal Issues

  1. 1 ['Whether solicitor for the first defendant should be granted leave to file a notice of ceasing to act and withdraw from the proceedings.' 'Whether failure to provide funds for costs and disbursements constitutes a sufficient basis for leave to cease to act.']

Ratio Decidendi

The solicitor is justified in ceasing to act due to the client's repeated failure to provide agreed funds for costs and disbursements, after adequate notice and opportunity to remedy were given; consequently, leave is granted to file in Court a notice of ceasing to act.

Court Disposition

Leave granted to file in Court a notice of ceasing to act.

Orders

  • ['Leave granted to Mr Phair to file a notice of ceasing to act for the first defendant.']