Sukkar v Haoui [2022] NSWDC 83

District Court New South Wales

Medium Neutral Citation: Sukkar v Haoui [2022] NSWDC 83 Hearing dates: 25 March 2022 Date of orders: 25 March 2022 Decision date: 25 March 2022 Jurisdiction: Civil Before: Abadee DCJ (List Judge) Decision: See paragraph 33 Catchwords: PRACTICE & PROCEDURE – civil – plaintiff's solicitor, the applicant, had retainer verbally terminated in December 2021 – applicant omitted to file notice of intention to cease to act – applicant remains on Court record as the plaintiff's solicitor - proceeding fixed for hearing on 28 March 2022 in September 2021- plaintiff informs applicant of desire to vacate hearing on 23 February 2002 - dispute or doubt about nature or extent of plaintiff's legal representation, by another firm, from 10 March 2022 - other firm unaware of imminent hearing until 22 March 2022 – applicant applies for leave to withdraw Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56 - 60, 99 Uniform Civil Procedure Rules 2005 (NSW) rr 7.26, 7.29, 7.30 Cases Cited: Angius v Salier (No.3) [2019] NSWSC 1648 Chaouk v Oh [2019] NSWDC 130 Hamoui v Hamaoui [2021] NSWDC 162 Investec Bank (Australia) Limited v Mann & Anor [2012] VSC 81 Leicester v Walton [1995] NSWCA 258 (22 November 1995) Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300 Lezaja v Hannover Life Re of Australasia Ltd (No.2) [2016] NSWSC 167 Texts Cited: Nil Category: Procedural rulings Parties: Prominent Lawyers (applicant) M Haoui (defendant) Stacks Goudkamp (interested party) Representation: Counsel: Mr G Schipp for the applicant Ms C Allan for the defendant Mr B Jones for the interested party