Harrison v The State Transport Authority

[1989] HCATrans 195

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Adelaide No A20 of 1988

B e t w e e n -

PETER LINDEN HARRISON

and

THE STATE TRANSPORT AUTHORITY

Application for solicitor to be removed from record

MASON CJ

Harrison

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT ADELAIDE ON THURSDAY, 24 AUGUST 1989, AT 9.15 AM

(Continued from 23/8/89)

Copyright in the High Court of Australia

AlTl/1/PLC 7 24/8/89

HIS HONOUR:	Yes, Mr Besanko?
MR BESANKO:	If Your Honour pleases, there was an attempt

yesterday to remedy some of the difficulties that

Your Honour raised yesterday morning. Unfortunately,

I do not think that attempt has been successful

because of some difficulties with service on

Mr Harrison. And, also, Your Honour, a further

application was issued yesterday at about the same

that, in itself, would appear to create some

time that there was an attempt to serve

difficulties.

HIS HONOUR:	What was the further application?
MR BESANKO:	Your Honour, an identical application to the one

Your Honour heard yesterday morning was issued.

HIS HONOUR:  I see, yes. But it seems to me, Mr Besanko,

that I have no alternative but to dismiss the

present application.

MR B.ESANKO:	Yes, Your Honour.
HIS HONOUR:	Now, it is quite clear that if your instructing

solicitor wishes to have his name removed from the

record that he must be in a position at the time

he makes a subsequent application to show that

the solicitor/client relationship has terminated

and that steps have not been taken to, as it were,

notify a change of solicitor under the rules.

MR B.ESANKO:	Yes, Your Honour.
HIS HONOUR:	So, in effect, if your client is going to pursue

the matter he has got to ensure that when the matter

comes before the Court on a subsequent application

those two matters are shown.

MR B.ESANKO:  Yes, Your Honour.

HIS HONOUR:	Do you wish to say anything about this, Mr Harrison?
MR HARRISON:	Your Honour, all I wanted to do today, first of all,

was to confirm what you said, Your Honour: place on

record my reply to the application of yesterday and

then answer, if necessary, the latest affidavit and

application dated the 23rd.	I am quite happy to answer
that here today in Court.

HIS HONOUR:	Yes.	I do not think that will arise, Mr Harrison.
MR HARRISON:	Yes.	Well, that is all I have to say about that

matter. Thank you, sir"

HIS HONOUR:  Very well. The only order I can make, Mr Besanko,

is that the application be dismissed.

AlTl/2/PLC	8	24/8/89
Harrison

MR BES.ANKO:	Yes, Your Honour.
HIS HONOUR:	Very well.  I do not think there are any costs

involved, are there, Mr Harrison?

MR HARRISON:  No, sir, no.

HIS HONOUR:  The application is dismissed. There will be no

order as to costs.

AlTl/3/PLC	9	24/8/89
Harrison