Super 1000 Pty Ltd v Pacific General Securities Ltd [2007] NSWSC 171

Super 1000 Pty Ltd v Pacific General Securities Ltd [2007] NSWSC 171

The client’s failure to provide the necessary funds for solicitors’ retainer justified the grant of leave for the solicitors to cease acting for the first defendant, notwithstanding the lateness of the application before the hearing.

Parties
Plaintiff: Super 1000 Pty Ltd; Defendant: Pacific General Securities Ltd
Jurisdiction
Australia
Judgment Date
26 February 2007
Procedural Posture
Application / Leave to Withdraw as Solicitor Prior to Hearing
Outcome
Leave to file notice of ceasing to act granted.
Legal Topics
Ceasing to Act as Solicitor, Leave to File Notice of Ceasing to Act, Client Failing to Pay Solicitor, Adjournment Prejudice
Civil Procedure Ceasing to Act as Solicitor Leave to File Notice of Ceasing to Act Client Failing to Pay Solicitor Adjournment Prejudice

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Parties

Super 1000 Pty Ltd

Plaintiff

Pacific General Securities Ltd

Defendant

Procedural Posture

Application / Leave to Withdraw as Solicitor Prior to Hearing

Legal Issues

  1. 1 Whether leave should be granted to solicitors for the first defendant to file a notice of ceasing to act without prior notice of intention under UCPR r 7.29
  2. 2 Whether prejudice will be caused by such leave, due to possible adjournment and impact on the proceedings

Ratio Decidendi

The client’s failure to provide the necessary funds for solicitors’ retainer justified the grant of leave for the solicitors to cease acting for the first defendant, notwithstanding the lateness of the application before the hearing.

Court Disposition

Leave to file notice of ceasing to act granted.

Orders

  • Leave granted to solicitors for the first defendant to file in court a notice of ceasing to act for the first defendant.
  • Matter stood over before Windeyer J at noon on Wednesday 28 February 2007 or such other date as may be arranged with Justice Windeyer's Associate.