Tu v CH Real Estate Pty Ltd trading as Raine and Horne Campbelltown [2017] NSWSC 1630

Tu v CH Real Estate Pty Ltd trading as Raine and Horne Campbelltown [2017] NSWSC 1630

Given the circumstances, including the recent retainer, non-payment against estimates, and the applicant solicitor’s inability through no fault of his own to prepare for trial, it is appropriate to grant leave for the solicitor to file a notice of ceasing to act.

Jurisdiction
Australia
Judgment Date
10 October 2017
Procedural Posture
Civil / Application for Leave to Cease Acting as Solicitor
Outcome
Leave granted to the applicant solicitor to file notice of ceasing to act; related procedural orders made.
Legal Topics
['ceasing to Act' 'uniform Civil Procedure Rules R 7.29' 'leave for Solicitor to Cease Acting']
['civil Procedure'] ['ceasing to Act' 'uniform Civil Procedure Rules R 7.29' 'leave for Solicitor to Cease Acting']

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Procedural Posture

Civil / Application for Leave to Cease Acting as Solicitor

Legal Issues

  1. 1 ['Whether solicitor for the second defendant should be granted leave to file a notice of ceasing to act pursuant to r 7.29 UCPR less than 28 days before trial']

Ratio Decidendi

Given the circumstances, including the recent retainer, non-payment against estimates, and the applicant solicitor’s inability through no fault of his own to prepare for trial, it is appropriate to grant leave for the solicitor to file a notice of ceasing to act.

Court Disposition

Leave granted to the applicant solicitor to file notice of ceasing to act; related procedural orders made.

Orders

  • ['Leave granted to file in court a notice of motion in the form initialled by the Judge dated 10 October 2017 and placed with the papers.' 'Leave granted pursuant to r 7.29 UCPR to the applicant to file a notice of ceasing to act dated 10 October 2017.' 'Notice of ceasing to act to be filed and served forthwith on...