Lee v Keddie [2010] NSWSC 1010

New South Wales Supreme Court

CITATION : Lee v Keddie [2010] NSWSC 1010

HEARING DATE(S) : 7 September 2010

JUDGMENT DATE : 7 September 2010

JUDGMENT OF : Harrison J

DECISION : 1. Vacate hearing commencing 13 September 2010. 2. Grant liberty to the parties to approach the List Clerk in order to obtain a new hearing date.

CATCHWORDS : DEFAMATION – application to vacate hearing – where plaintiffs' senior counsel previously gave advice to the defendants – where defendants challenged his continued retainer for the plaintiffs - where plaintiffs unable to locate alternative senior counsel on short notice – whether plaintiffs should be required to proceed without senior counsel – hearing vacated – costs reserved

CATEGORY : Procedural and other rulings

CASES CITED : Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175

Siu Sheng Lee (First Plaintiff) Hong Mei Li (Second Plaintiff) PARTIES : Hong Liu (Third Plaintiff) Russell Keddie (First Defendant) Scott Roulstone (Second Defendant) Tony Barakat (Third Defendant)

FILE NUMBER(S) : SC 2007/265163

COUNSEL : C M Traill (Plaintiffs) T K Tobin QC with R D Glasson (Defendants)

SOLICITORS : Banki Haddock Fiora (Plaintiffs) Verekers (Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST

HARRISON J

7 September 2010

2007/265163 Siu Sheng Lee, Hong Mei Li and Hong Liu v Russell Keddie, Scott Roulstone and Tony Barakat

JUDGMENT 1 HIS HONOUR: The hearing of these proceedings was due to commence on Monday 6 September 2010 with an estimate of three weeks. On 1 September 2010 I granted the plaintiffs' application to adjourn the hearing for one week until 13 September 2010. That application was not opposed. I was informed yesterday that the plaintiffs now seek to vacate the balance of the hearing. That application is opposed. 2 In my opinion the plaintiffs' application should be granted. My reasons for this are set out below. Background