RPS Freightways Pty Ltd v Singh (No. 2) [2018] NSWDC 284

RPS Freightways Pty Ltd v Singh (No. 2) [2018] NSWDC 284

Leave to withdraw was granted to the defendant's solicitors due to loss of client confidence and procedural compliance, but this necessitated vacating the hearing and may trigger costs consequences, and the court's leave is judicially required under UCPR r 7.29.

Parties
Plaintiff: RPS Freightways Pty Ltd; Defendant: Amandeep Singh
Jurisdiction
Australia
Judgment Date
02 October 2018
Procedural Posture
Civil / Interlocutory Orders/vacating Hearing Date
Outcome
hearing vacated, leave to withdraw granted, costs reserved, matter stood over for directions, mediation ordered
Legal Topics
Solicitor Withdrawal, Adjournment, Costs, Mediation, Leave to Withdraw, Vacating Hearing Date
Civil Procedure Solicitor Withdrawal Adjournment Costs Mediation Leave to Withdraw Vacating Hearing Date

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

RPS Freightways Pty Ltd

Plaintiff

Amandeep Singh

Defendant

Procedural Posture

Civil / Interlocutory Orders/vacating Hearing Date

Legal Issues

  1. 1 whether leave to withdraw under UCPR r 7.29 was required
  2. 2 whether leave for the solicitor to withdraw should be granted
  3. 3 solicitor withdrawal less than 28 days before hearing

Ratio Decidendi

Leave to withdraw was granted to the defendant's solicitors due to loss of client confidence and procedural compliance, but this necessitated vacating the hearing and may trigger costs consequences, and the court's leave is judicially required under UCPR r 7.29.

Court Disposition

hearing vacated, leave to withdraw granted, costs reserved, matter stood over for directions, mediation ordered

Orders

  • On application of the defendant, vacate the hearing date of these proceedings (on day 2 of the three day hearing).
  • List hearing of plaintiff's application for the solicitors for the defendant to pay plaintiff's costs occasioned by vacating hearing date.