Trad v Harbour Radio Pty Ltd [2017] NSWCA 60

Trad v Harbour Radio Pty Ltd [2017] NSWCA 60

The confidential material might explain why the solicitor would prefer not to continue to act, but it did not give rise to a conflict of interest and duty as ordinarily understood. Given the limited issue in the appeal, the absence of an apparent conflict in instructing counsel for oral submissions, the imminent hearing date, and the requirements of just, quick and cheap resolution, leave to withdraw was refused and the solicitor was directed to prepare the appeal books.

Jurisdiction
Australia
Judgment Date
29 March 2017
Procedural Posture
Application Pursuant to R 7.29 of the Uniform Civil Procedure Rules 2005 (nsw) by Solicitor for Leave to Withdraw From and Cease to Act in Appeal Proceedings / Procedural Application Before Hearing of Appeal
Outcome
Application dismissed.
Legal Topics
['solicitor Withdrawal' 'conflict of Interest and Duty' 'appeal Books' 'court Annexed Mediation' 'costs in the Cause']
['civil Procedure' 'legal Representation' 'legal Profession'] ['solicitor Withdrawal' 'conflict of Interest and Duty' 'appeal Books' 'court Annexed Mediation' 'costs in the Cause']

Case Brief

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Procedural Posture

Application Pursuant to R 7.29 of the Uniform Civil Procedure Rules 2005 (nsw) by Solicitor for Leave to Withdraw From and Cease to Act in Appeal Proceedings / Procedural Application Before Hearing of Appeal

Legal Issues

  1. 1 ['Whether the solicitor on the record for the appellant should be granted leave to withdraw from and cease to act in the appeal proceedings on the basis of a perceived conflict.' 'Whether, given the imminent appeal hearing and the limited issue in the appeal, the solicitor should be directed to prepare the Blue, Black and Orange Appeal Books.']

Ratio Decidendi

The confidential material might explain why the solicitor would prefer not to continue to act, but it did not give rise to a conflict of interest and duty as ordinarily understood. Given the limited issue in the appeal, the absence of an apparent conflict in instructing counsel for oral submissions, the imminent hearing date, and the requirements of just, quick and cheap resolution, leave to withdraw was refused and the solicitor was directed to prepare the appeal books.

Court Disposition

Application dismissed.

Orders

  • ['Dismiss application by the applicant for leave to cease to act for the appellant in the proceedings.' 'Direct the applicant to attend to the preparation of the Blue, Black and Orange Appeal Books to be served on or before by close of business Monday, 20 March 2017.' "Liberty to the applicant/appellant to apply to...