New Zealand Case Law: Decisions & Judgments

Topic

Withdrawal of solicitor

Legal area

Court

21 Oct 2016

FATWEB LTD v MANAIA ONE LTD [2016] NZHC 2525

Citation

[2016] NZHC 2525
Court

High Court

Because the solicitor and his firm had no instructions, had been disengaged since 19 September 2016, and the defendant had breached the retainer and failed to provide an address for service or instructions, the court was satisfied the solicitor could be discharged from the record; the court directed an interim address for service and ordered the defendant to file a physical address within three working days.
3 Oct 2012

RJ ALLEN & ORS V THE ATTORNEY GENERAL HC WN CIV-2008-485-2507

Citation

openlaw-c2229eb7_a5db_4bf0_b4f2_65956f0c41fe.pdf
Court

High Court

Given evidence that the solicitor had ceased to act, that substituted service was effected in accordance with the Court's directions, and that no objections or responses were filed by the plaintiffs within the prescribed period, the Court was satisfied an order under r 5.41(1) should be made declaring the solicitor had ceased to be on the record for each listed plaintiff.
29 Aug 2012

CAP D'AMARRES RESIDENTS' ASSOCIATION & ORS V EDWARDS & ORS HC AK CIV 2011-404-006434

Citation

openlaw-d69ac4f1_3554_4b41_b6d0_639296dd73af.pdf
Court

High Court

The former solicitor had advised he would not act for the first plaintiff and the first plaintiff obtained new counsel, so a disqualification application was unnecessary; although the former solicitor delayed notifying the defendants he had ceased acting for the second and third plaintiffs (3 May to 23 May 2012) this delay did not justify indemnity or increased costs; the former solicitor must pay costs on a 2B basis for preparation and filing of the 4 May 2012 application and related steps until 23 May 2012; the second and third plaintiffs are not liable; costs relating to the separate appli…
3 Aug 2009

IJ BAKER V THE ATTORNEY-GENERAL HC WN CIV 2006-485-670

Citation

openlaw-e9b263c9_5c68_4957_9cbc_483cd82b9213.pdf
Court

High Court

Ms Cooper made reasonable and documented attempts to obtain instructions, complied with the Court's substituted service directions which were deemed effective on 20 July 2009, and no opposition was filed; accordingly the Court declared she had ceased to be the solicitor on the record for the three named plaintiffs under r 5.41 and made formal orders to that effect.

New Zealand Case Law

FATWEB LTD v MANAIA ONE LTD [2016] NZHC 2525

RJ ALLEN & ORS V THE ATTORNEY GENERAL HC WN CIV-2008-485-2507

CAP D'AMARRES RESIDENTS' ASSOCIATION & ORS V EDWARDS & ORS HC AK CIV 2011-404-006434

IJ BAKER V THE ATTORNEY-GENERAL HC WN CIV 2006-485-670