RPS Freightways Pty Ltd v Singh (No. 2) [2018] NSWDC 284

District Court New South Wales

Medium Neutral Citation: RPS Freightways Pty Ltd v Singh (No. 2) [2018] NSWDC 284 Hearing dates: 27 September 2018 Date of orders: 02 October 2018 Decision date: 02 October 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) On the application of the defendant, vacate the hearing date of these proceedings (on day 2 of the three day hearing). (2) List the hearing of the plaintiff's application for the solicitors for the defendant to pay the plaintiff's costs occasioned by the vacating of the hearing date. (3) Pursuant to r 7.29 Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"), the solicitors acting for the defendant until today (by reason of no prior order under UCPR r 7.29) are granted leave to withdraw. (4) Matter stood over for directions to Monday 22 October 2018 with liberty to apply. (5) Note Judge Gibson to provide reasons for the orders made by email to the parties (including reasons as to whether Judge Gibson should remain the trial judge in any further fresh or adjourned hearing). (6) Refer the defendant to the Law Society of NSW for independent legal advice as to his entitlements, including any entitlement to disbursements as a litigant in person. (7) Pursuant to s 26 Civil Procedure Act 2005 (NSW), direct the parties to attend for mediation before an Assistant Registrar of this court on Tuesday 23 October 2018. Catchwords: PRACTICE AND PROCEDURE – solicitor ceases to act less than 28 days before the hearing – registry stamps Notice of Ceasing to Act – application by former client (defendant) for adjournment of the hearing – whether leave to withdraw under UCPR r 7.29 required – whether leave for the solicitor to withdraw should be granted – former client no longer has confidence in the solicitor – leave to withdraw granted – costs issues Legislation Cited: Civil Procedure Act 2005 (NSW), s 26 Legal Profession Uniform Law Australian Australian Solicitors' Conduct Rules 2015 (NSW), r 13.1.3 Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 20.03 Uniform Civil Procedure Rules 2005 (NSW), r 7.29 Cases Cited: Bendigo and Adelaide Bank Limited v Jaeger (District Court of New South Wales, Letherbarrow SC DCJ, 23 August 2017) Herald & Weekly Times v Popovic (2003) 9 VR 1 Investec Bank Australia Limited v Mann [2012] VSC 81 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)