Cha v Oh (No. 21) [2009] NSWDC 130

New South Wales District Court

CITATION: Cha v Oh (No. 21) [2009] NSWDC 130 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 11 June 2009

JUDGMENT DATE: 11 June 2009

EX TEMPORE JUDGMENT DATE : 11 June 2009

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Application to seek leave to file notice of ceasing to act refused. DECISION: (2) Liberty to apply. (3) Costs reserved.

CATCHWORDS: Legal practitioners – hearing fixed for 4 weeks adjourned due to enlargement of defendants' particulars – further adjournment due to defendants' application to Court of Appeal – plaintiff changes legal representation - plaintiff unable to pay his new lawyers after hearing completed and timetable for submissions complied with by defendants - whether leave to file Notice of Ceasing to Act at such a late stage of the litigation should be granted – prejudice and delay in litigation considered - application refused

LEGISLATION CITED: Defamation Act 1974 (NSW), s 7A Uniform Civil Procedure Rules 2005 (NSW), r 7.29

A & N Holdings NSW Pty Ltd v Andell Pty Ltd [2006] NSWSC 55 Jae Kyung Lee v Bob Chae-Sang Cha & Ors [2008] NSWCA 13 Kallinicos v Hunt (2005) 64 NSWLR 561; [2005] NSWSC 1181 Lee v Cha [2006] HCATrans 132 CASES CITED: Marsden v Amalgamated Television Services Pty Ltd [2001] NSWSC 510 Nuclear Utility Technology and Environmental Corporation Incorporated v Australian Broadcasting Corporation (Supreme Court of New South Wales, McCallum J, 28 April 2008, unreported) Super 1000 Pty Ltd v Pacific General Securities Ltd [2007] NSWSC 171 Wentworth v Rogers [1999] NSWCA 403 Yoon Shin Lee v Bob Chae-Sang Cha [2005] NSWCA 279