Lezaja v Hannover Life Re of Australasia Ltd (No 2) [2016] NSWSC 167

Supreme Court New South Wales

Medium Neutral Citation: Lezaja v Hannover Life Re of Australasia Ltd (No 2) [2016] NSWSC 167 Hearing dates: 22 February 2016 Date of orders: 22 February 2016 Decision date: 22 February 2016 Jurisdiction: Equity Before: Hallen J Decision: 1. Upon the application of the Plaintiff's solicitor, pursuant to UCPR rule 7.29, grant leave to the Plaintiff's solicitor to file a Notice of Ceasing to Act dated 18 February 2016. 2. Order that the Notice may be filed forthwith. 3. Order, upon the application of the Defendants, pursuant to UCPR rule 29.7(4), the Defendants having appeared but the Plaintiff not appearing, that the Plaintiff's proceedings be dismissed. 4. Orders that the hearing date of 23 February 2016 be vacated. 5. Orders that these orders be entered forthwith. 6. Orders that the Defendants' solicitors personally serve the Plaintiff with a sealed copy of the orders made today by 5:00 p.m. on Wednesday, 24 February 2016. 7. Orders that the Plaintiff pay the Defendants costs of the proceedings. 8. Orders that the Agreed Bundle of Documents be returned to the Defendants' solicitors. Catchwords: PRACTICE AND PROCEDURE - Withdrawal of instructions - Ceasing to act - Leave to file a notice of ceasing to act - No notice of intention to do so served - Application shortly before hearing date – Solicitor for Plaintiff granted leave to file notice of ceasing to act

PRACTICE AND PROCEDURE - Non-appearance by the Plaintiff at the hearing - UCPR rule 29.7 -Application by Defendant for dismissal of proceedings - No explanation for Plaintiff's absence – Evidence that Plaintiff aware of the hearing - Proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172 Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 Investec Bank (Australia) Limited v Mann [2012] VSC 81 NSW Trustee and Guardian as Executor of the Will of Michael Robert Walsh (Deceased) v Gregory [2012] NSWSC 681 Taylor v Taylor [1979] HCA 38; (1979) 143 CLR 1 Category: Principal judgment Parties: Dragan Lezaja (Plaintiff) Hannover Life Re of Australasia Ltd (first Defendant) United Super Pty Ltd as Trustee of the Construction and Building Unions Superannuation Fund (second Defendant) Representation: Counsel: Mr J Duncan (Defendants)