Ishak Cicek and anor. v The Estate of the Late Mark Solomon and ors. [No.1] [2013] NSWSC 1490

Ishak Cicek and anor. v The Estate of the Late Mark Solomon and ors. [No.1] [2013] NSWSC 1490

The proceedings should not be dismissed as the plaintiffs provided verified lists of documents for discovery, disclosing all documents in their possession or control; no prejudice to defendants was demonstrated that would prevent hearing from proceeding. Solicitor was granted leave to file notice of ceasing to act as failure to pay funds constituted good cause for termination of retainer.

Jurisdiction
Australia
Judgment Date
04 October 2013
Procedural Posture
Principal Judgment / Decision on Applications to Dismiss Proceedings and Leave for Solicitor to Cease Acting
Outcome
Applications to dismiss proceedings are dismissed. Leave granted to solicitor to cease acting. Trial date confirmed.
Legal Topics
['discovery' 'solicitor Ceasing to Act' 'dismissal of Proceedings' 'self Executing Orders']
['practice and Procedure'] ['discovery' 'solicitor Ceasing to Act' 'dismissal of Proceedings' 'self Executing Orders']

Case Brief

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Procedural Posture

Principal Judgment / Decision on Applications to Dismiss Proceedings and Leave for Solicitor to Cease Acting

Legal Issues

  1. 1 ['Whether proceedings should be dismissed for alleged deficiencies in discovery and withdrawal of legal representatives' 'Whether solicitor should be granted leave to file notice of ceasing to act']

Ratio Decidendi

The proceedings should not be dismissed as the plaintiffs provided verified lists of documents for discovery, disclosing all documents in their possession or control; no prejudice to defendants was demonstrated that would prevent hearing from proceeding. Solicitor was granted leave to file notice of ceasing to act as failure to pay funds constituted good cause for termination of retainer.

Court Disposition

Applications to dismiss proceedings are dismissed. Leave granted to solicitor to cease acting. Trial date confirmed.

Orders

  • ['The application to dismiss the proceedings is dismissed.' 'The solicitor for the plaintiffs is granted leave to file a notice of ceasing to act.' 'The further application to dismiss the proceedings is dismissed.' 'The trial date of 8 October 2013 is confirmed.']