WALKER & ORS AS TRUSTEES OF THE SCIWI FAMILY TRUST V BALE & ORS HC AK CIV-2008-044-2721

WALKER & ORS AS TRUSTEES OF THE SCIWI FAMILY TRUST V BALE & ORS HC AK CIV-2008-044-2721

Parties may appear and instruct counsel even where pleadings were self-filed, but any solicitor who files or signs documents must be authorised and thereby warrants such authority; absent demonstrated authority the opposing party may disregard documents filed by lawyers; unexpected appearance of counsel alone does not establish prejudice.

Citation
openlaw-1ab85aa9_7452_4eff_9df1_37350d95bc9a.pdf
Parties
Plaintiffs: Isobel Anne Walker, Alison Claire MacMillan and Diane Wardill as Trustees of the Sciwi Family Trust; First Defendants: Ronald Frank Bale and Joanne Norma Bale; Second Defendants: Ronald Frank Bale and Joanne Norma Bale as Trustees of the Bale Family Trust of Auckland
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 January 2013
Procedural Posture
Civil High Court Proceeding / Interlocutory Stage — Application for Directions; Judgment on Representation Issues Delivered
Outcome
No formal order made; Court provided declaratory guidance on representation, authority to file and address for service and indicated defendants may disregard documents by lawyers whose authority is not established.
Legal Topics
Authority to File Documents, Address for Service, Intervention Rule, Representation in Court, Solicitor Warranty of Authority, Implied Authority of Counsel
Civil Procedure Professional Responsibility Legal Ethics Authority to File Documents Address for Service Intervention Rule Representation in Court Solicitor Warranty of Authority +1 more

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Parties

Isobel Anne Walker, Alison Claire MacMillan and Diane Wardill as Trustees of the Sciwi Family Trust

Plaintiffs

Ronald Frank Bale and Joanne Norma Bale

First Defendants

Ronald Frank Bale and Joanne Norma Bale as Trustees of the Bale Family Trust of Auckland

Second Defendants

Procedural Posture

Civil High Court Proceeding / Interlocutory Stage — Application for Directions; Judgment on Representation Issues Delivered

Legal Issues

  1. 1 Whether counsel who has not filed pleadings has authority to appear on behalf of a party
  2. 2 Whether documents filed or signed by a lawyer without demonstrated authority can be relied on by other parties
  3. 3 Proper effect of a change of representation on address for service

Ratio Decidendi

Parties may appear and instruct counsel even where pleadings were self-filed, but any solicitor who files or signs documents must be authorised and thereby warrants such authority; absent demonstrated authority the opposing party may disregard documents filed by lawyers; unexpected appearance of counsel alone does not establish prejudice.

Court Disposition

No formal order made; Court provided declaratory guidance on representation, authority to file and address for service and indicated defendants may disregard documents by lawyers whose authority is not established.