El-Saeidy v NSW Land & Housing Corporation

[2014] HCATrans 269

[2014] HCATrans 269

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S140 of 2014

B e t w e e n -

FAWZI EL‑SAEIDY

Applicant

and

NSW LAND & HOUSING CORPORATION ABN 24960729253

Respondent

Summons

BELL J

TRANSCRIPT OF PROCEEDINGS

FROM CANBERRA BY VIDEO LINK TO SYDNEY

ON MONDAY, 1 DECEMBER 2014, AT 9.59 AM

Copyright in the High Court of Australia

MS J.A. NAUMOVSKA:   May it please the Court, your Honour, I appear for the applicant.  (instructed by JK Solicitors)

MS E. ELBOURNE:   May it please the Court, I appear on behalf of the respondent.  (instructed by McCabes Lawyers Pty Limited)

HER HONOUR:   Yes.  Now, I have before me an application by summons for JK Solicitors to be removed as solicitors on the record in the proceedings.  Ms Naumovska, you rely on your affidavit filed on 24 October 2014 in support of the making of the order.  Is that so?

MS NAUMOVSKA:   Yes, your Honour.

HER HONOUR:   Ms Elbourne, what is your attitude to the application?

MS ELBOURNE:   Your Honour, the application is not opposed.  However, I would draw to your Honour’s attention one salient fact and that is that the application was originally filed on 30 June and on 29 July this year Deputy Registrar Griffin made orders that an amended application and draft notice of appeal and summary of argument be filed and served on or before Tuesday, 5 August 2014, and in fact nothing further has occurred since that direction was made.

HER HONOUR:   I see.  Yes, thank you. 

MS ELBOURNE:   Thank you, your Honour.

HER HONOUR:   Ms Naumovska, the principal of your firm – I am sorry, I am just trying to find his name ‑ ‑ ‑

MS ELBOURNE:   Mr Jakimoski, your Honour.

HER HONOUR:   Mr Jakimoski.  Thank you, Ms Elbourne.  You say that Mr Jakimoski handed a letter to Mr El‑Saeidy notifying him that Mr Jakimoski would be leaving the country for personal reasons and ceasing to act.  Is that so?

MS NAUMOVSKA:   Yes, your Honour.

HER HONOUR:   Ms Naumovska, do you have anyone supervising you at the present?

MS NAUMOVSKA:   Yes, your Honour.  Mr Jakimoski is supervising me.

HER HONOUR:   But he is out of the jurisdiction.

MS NAUMOVSKA:   He is in Australia at the moment.

HER HONOUR:   I see.  So the position is that Mr Jakimoski consistently with the indication given in the letter that you saw handed to Mr El‑Saeidy seeks to be removed from the record.

MS NAUMOVSKA:   Yes, your Honour.

HER HONOUR:   Ms Elbourne, notwithstanding the non‑compliance with the earlier orders, the application is not opposed.  Is that the position?

MS ELBOURNE:   Yes, that is correct, your Honour.

HER HONOUR:   Yes, well, in the circumstances, pursuant to rule 6.02.5 of the High Court Rules 2014 (Cth), I grant leave to JK Solicitors to cease acting in the proceedings.  Yes, thank you both.

AT 10.04 AM THE MATTER WAS ADJOURNED