Ishak Cicek and anor. v The Estate of the Late Mark Solomon and ors. [No.1] [2013] NSWSC 1490

Supreme Court New South Wales

Medium Neutral Citation: Ishak Cicek and anor. v The Estate of the Late Mark Solomon and ors. [No.1] [2013] NSWSC 1490 Hearing dates: 4 October 2013 Decision date: 04 October 2013 Before: Bellew J Decision: 1.The application to dismiss the proceedings is dismissed. 2.The solicitor for the plaintiffs is granted leave to file a notice of ceasing to act. 3.The further application to dismiss the proceedings is dismissed. 4.The trial date of 8 October 2013 is confirmed. Catchwords: PRACTICE AND PROCEDURE - where order made requiring plaintiffs to provide verified lists of documents within stipulated time - where further order made that proceedings would be automatically dismissed in the event of non-compliance - where plaintiffs failed to provide verified lists within stipulated time - where lists provided did not discover documents known to be in existence but which were not in possession of the plaintiffs - plaintiffs obligations met - dismissal of proceedings not warranted

PRACTICE AND PROCEDURE - where solicitor sought leave to file notice of ceasing to act four days prior to hearing - where evidence of failure on the part of the plaintiffs to comply with costs agreement - where such failure provided good cause for termination of retainer - leave granted

PRACTICE AND PROCEDURE - where further application for dismissal of proceedings brought following withdrawal of plaintiffs' legal representatives - where no relevant alteration in circumstances since determination of original application - further application for dismissal refused. Legislation Cited: Civil Procedure Act (NSW) 2005 Cases Cited: Cicek v The Estate of the Late Mark Solomon [2013] NSWSC 1348 Robins v Goldingham (1872) LR 13 Eq 440 Super 1000 Pty Ltd v Pacific General Securities Ltd [2007] NSWSC 171 Wadsworth v Marshall (1832) 2 Cr & J 665, Warmingtons v McMurray [1937] 1 All ER 652 Texts Cited: Nil Category: Principal judgment Parties: Ishak Cicek - First plaintiff Ulka Basak Tilli - Second plaintiff The estate of the late Mark Solomon - First defendant National Australia Bank - Third defendant Representation: In person - Plaintiffs HWL Ebsworth - First defendant Turks Legal - Third defendant File Number(s): 2011 / 327029 Publication restriction: Nil