Australian Regional Wholesalers Pty Ltd v Grogan (No 1)

[2009] QDC 367

[2009] QDC 367

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 759 of 2009

AUSTRALIAN REGIONAL WHOLESALERS PTY LTD	Applicant
and
BERNARD PATRICK GROGAN	Respondent

BRISBANE

..DATE 11/11/2009

ORDER

CATCHWORDS

Uniform Civil Procedure Rules 1999 r 687, r 990

Defendant's solicitors granted leave to withdraw - costs fixed by court - order made identifying an address for service for protection of plaintiff, which had an application returnable the following day

HIS HONOUR:  The Court has made an order in terms of an initialled draft which grants leave to the applicant's solicitors to withdraw as solicitors for the defendant, pursuant to rule 990 of the UCPR.

The procedures required to be pursued by the firm have been gone through.  Until this morning, the Court had no information available to connect the defendant with the e-mail address and street address which had been used to make contact with him, in the sense of anything coming from Mr Grogan himself.

There have now been produced to the Court, e-mail communications, from the defendant to the applicant firm, one of which gives the street address as his business address.

Rather than costs being assessed, the Court has fixed them under rule 687.  The claim for costs, on its face, is modest.  The respondent has been given leave to read and file a summary of the costs that are claimed.

I've noted, reading the file, that an application made by the plaintiff against the defendant is returnable tomorrow and would inquire of solicitor's representative whether advice that that has been given to the client.

...

HIS HONOUR:  The court is assured that the material served for tomorrow has been passed on.  And I'm going to add a paragraph 3 to the order that says unless and until the defendant files and serves another address for service, his address for service in this proceedings shall be 28/17 Cairns Street, Loganholme, 4129.

That provides reasonable protection for the plaintiffs, so that there's some way of keeping in contact.  I've also deleted the surplus "that" at the beginning of your paragraph 2.  Order as per initialled draft.

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