RPS Freightways Pty Ltd v Singh [2018] NSWDC 283

District Court New South Wales

Medium Neutral Citation: RPS Freightways Pty Ltd v Singh [2018] NSWDC 283 Hearing dates: 26 September 2018 Date of orders: 26 September 2018 Decision date: 26 September 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) These proceedings stood over part-heard to 12:00pm 27 September 2018 before Gibson DCJ. (2) Costs of today reserved. (3) The solicitors for the defendant, De Marco Lawyers of 794A Pascoe Vale Rd, Glenroy VIC 3046, are to attend court at midday 27 September 2018 to seek leave to withdraw from the proceedings pursuant to UCPR r 7.29 and to show cause why they should not pay the costs of today and such other costs as may be occasioned by their purported withdrawal from acting made on or after 31 August 2018. If there is no appearance, orders will be made in their absence. (4) A copy of these orders is to be provided by the court to the solicitors for the defendant, together with a copy of the reasons for decision of Gibson DCJ. Catchwords: PRACTICE AND PROCEDURE – case management of hearing – defendant seeks adjournment on the first day of the hearing after his solicitor filed a Notice of Intention of Ceasing to Act less than 28 days before the hearing and without complying with UCPR r 7.29 in seeking leave Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 – 62 Contracts Review Act 1980 (NSW), s 7 Uniform Civil Procedure Rules 2005 (NSW), r 7.29 Cases Cited: Battersby v McIvor [2012] NSWSC 1137 Bendigo and Adelaide Bank Limited v Jaeger (District Court of New South Wales, Letherbarrow SC DCJ, 23 August 2017) Cha v Oh (No 21) [2009] NSWDC 130 In the matter of S M Project Developments Pty Ltd (in liquidation) [2017] NSWSC 1010 Nuclear Utility Technology and Environmental Corporation Inc v Australian Broadcasting Corporation (New South Wales Supreme Court, McCallum J, 28 April 2008) Plenty v Goodwin (1986) 67 ALR 26 Super 1000 Pty Ltd v Pacific General Securities Pty Ltd [2007] NSWSC 171 Category: Procedural and other rulings Parties: Plaintiff: RPS Freightways Pty Ltd Defendant: Amandeep Singh Representation: Counsel: Plaintiff: Mr A Cheema Defendant: Mr A Singh (in person)