RPS Freightways Pty Ltd v Singh [2018] NSWDC 283

RPS Freightways Pty Ltd v Singh [2018] NSWDC 283

Because the defendant's solicitors purported to cease acting less than 28 days before the hearing without obtaining leave under UCPR r 7.29 and did not attend court, and because the defendant was not ready for hearing due to the absence of defence affidavits, the matter could not proceed that day. The proceedings were stood over part-heard to allow the solicitors to attend and seek leave to withdraw and to show cause on costs.

Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Civil Proceedings / Procedural Ruling on First Day of Hearing Concerning Adjournment and Solicitor Withdrawal
Outcome
Proceedings stood over part-heard; costs reserved; defendant's solicitors ordered to attend to seek leave to withdraw and show cause on costs.
Legal Topics
['case Management of Hearing' 'withdrawal of Solicitor' 'adjournment' 'failure to Comply With Evidence Timetable' 'costs']
['civil Procedure' 'practice and Procedure'] ['case Management of Hearing' 'withdrawal of Solicitor' 'adjournment' 'failure to Comply With Evidence Timetable' 'costs']

Case Brief

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Procedural Posture

Civil Proceedings / Procedural Ruling on First Day of Hearing Concerning Adjournment and Solicitor Withdrawal

Legal Issues

  1. 1 ['Whether the proceedings could continue on the first day of a three-day hearing when the defendant was unready because no affidavits had been prepared or served.' "Whether the defendant's solicitors had complied with UCPR r 7.29 in filing a Notice of Intention of Ceasing to Act less than 28 days before the hearing without seeking leave." "What steps should be taken concerning the defendant's legal representation and possible costs arising from the purported withdrawal."]

Ratio Decidendi

Because the defendant's solicitors purported to cease acting less than 28 days before the hearing without obtaining leave under UCPR r 7.29 and did not attend court, and because the defendant was not ready for hearing due to the absence of defence affidavits, the matter could not proceed that day. The proceedings were stood over part-heard to allow the solicitors to attend and seek leave to withdraw and to show cause on costs.

Court Disposition

Proceedings stood over part-heard; costs reserved; defendant's solicitors ordered to attend to seek leave to withdraw and show cause on costs.

Orders

  • ['These proceedings stood over part-heard to 12:00pm 27 September 2018 before Gibson DCJ.' 'Costs of today reserved.' 'The solicitors for the defendant, De Marco Lawyers of 794A Pascoe Vale Rd, Glenroy VIC 3046, are to attend court at midday 27 September 2018 to seek leave to withdraw from the proceedings pursuant...