Cha v Oh (No. 21) [2009] NSWDC 130

Cha v Oh (No. 21) [2009] NSWDC 130

Leave to file a Notice of Ceasing to Act was refused because the application was made in exceptional circumstances at the submissions stage of a very long and complex defamation trial, after evidence had closed, after peremptory orders for submissions had been made, after the defendants had served comprehensive submissions, and when half of the plaintiff's time for submissions had expired. Although inability to pay may justify termination of a retainer in some circumstances, the prejudice to the defendants, the risk of further delay or a de facto adjournment, and the needs of the due administration of justice outweighed the solicitors' request to withdraw.

Jurisdiction
Australia
Judgment Date
11 June 2009
Procedural Posture
Civil Defamation Proceedings / Application for Leave to File Notice of Ceasing to Act During the Submissions Stage After Completion of Evidence
Outcome
Application refused; liberty to apply; costs reserved.
Legal Topics
['notice of Ceasing to Act' 'withdrawal of Solicitor' 'duties of Legal Practitioners to the Court' 'prejudice and Delay in Litigation' 'written Submissions After Trial Evidence']
['civil Procedure' 'defamation' 'legal Profession'] ['notice of Ceasing to Act' 'withdrawal of Solicitor' 'duties of Legal Practitioners to the Court' 'prejudice and Delay in Litigation' 'written Submissions After Trial Evidence']

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Procedural Posture

Civil Defamation Proceedings / Application for Leave to File Notice of Ceasing to Act During the Submissions Stage After Completion of Evidence

Legal Issues

  1. 1 ["Whether the plaintiff's solicitors should be granted leave under Uniform Civil Procedure Rules 2005 (NSW), r 7.29 to file a Notice of Ceasing to Act at the submissions stage of a long and complex defamation trial." "Whether the plaintiff's inability to pay his lawyers justified withdrawal despite the risk of delay and prejudice to the defendants and the court." 'Whether the due administration of justice required refusal of leave where evidence was complete, peremptory orders for submissions had been made, and the defendants had complied with the timetable.']

Ratio Decidendi

Leave to file a Notice of Ceasing to Act was refused because the application was made in exceptional circumstances at the submissions stage of a very long and complex defamation trial, after evidence had closed, after peremptory orders for submissions had been made, after the defendants had served comprehensive submissions, and when half of the plaintiff's time for submissions had expired. Although inability to pay may justify termination of a retainer in some circumstances, the prejudice to the defendants, the risk of further delay or a de facto adjournment, and the needs of the due administration of justice outweighed the solicitors' request to withdraw.

Court Disposition

Application refused; liberty to apply; costs reserved.

Orders

  • ['Application to seek leave to file notice of ceasing to act refused.' 'Liberty to apply.' 'Costs reserved.']