Harrison v The State Transport Authority

[1988] HCATrans 281

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

Applicant

and

THE STATE TRANSPORT AUTHORITY

Respondent

Application to withdraw as

solicitor on record by

applicant's solicitor

WILSON J

Harrison

(In Chambers}

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 21 NOVEMBER 1988, AT 9.35 AM

Copyright in the High Court of Australia

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MR G.A. STRETTON:  May it please the Court, I appear for

the applicant .. (instructed by Stephen MacFarlane)

HIS HONOUR: Yes, Mr Stretton.

MR STRETTON:	Your Honour, this is an application - - -
HIS HONOUR:	I wondered whether it was necessary to serve

the respondent, but it is a summons.	Was it served
on the respondent?

MR STRETTON: Yes, service was attempted in two ways: one,

a copy was left at the home of the- - -

HIS HONOUR: That was on Mr Harrison?

MR STRETTON:  Yes; and on the other parties, service was effected

but I am instructed by Mr MacFarlane that those parties

indicated that they had no interest in the application

and did not intend to appear.

HIS HONOUR:  That is what I would have expected them to say. I

was just concerned as to whether we perhaps ought to	have them called, but obviously there is no need for
that.

MR STRETTON:  Thank you, Your Honour.

HIS HONOUR: Yes, Mr Stretton.

MR STRETTON:  Your Honour, it is an application fo.r a declaration

that Stephen Harry MacFarlane has ceased to be the

solicitor acting for Peter Linden Harrison, a party

in these proceedings and that in support of the

application I seek to rely firstly on the affidavit of

Stephen Harry MacFarlane, sworn 16 November - - -

HIS HONOUR:  Yes, I have had the opportunity of reading the

papers, Mr Stretton. I think. the only cb.ncern I have

is has there been any indication from Mr Harrison since

he was served with the intended change?

MR STRETTON:  None at all, Your Honour; indeed, Mr Harrison

seems intent upon not receiving any correspondence

from the solicitors concerned.

Tl HIS HONOUR: Avoiding the solicitor. I just wonder whether he

has been notified of this hearing.

MR STRETTON:  Yes, he has been served with a copy of the summons

and the affidavit. When I say served, a copy has been

left at his home and also posted to him by registered

post. In addition, he has received a letter - yet
another letter, should I say, from the solicitors

dated 17 November 1988. I think that is annexed.

HIS HONOUR:  Yes.

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Harrison

MR STRETTON:  So I think - - -

HIS HONOUR: Whilst I am not at all troubled at the absence of

the State Transport Authority, I just wonder if it

might be desirable to page Mr Harrison and see if he

is in the precincts of the Court.	It is Peter Linden
Harrison.

COURT CRIER:	No appearance, Your Honour.
HIS HONOUR:	Mr Stretton, obviously it seems to me you are

ensuring that the terms of it are correct. entitled to the order and it is just a matter of

In terms of Order 7 rule 7 of the High Court

Rules I make an order declaring that the solicitor

Stephen Harry MacFarlane has ceased to be the solicitor

acting for Peter Linden Harrison, a party in

proceeding No A20 of 1988, an action entitled

Harrison v The State Transport Authority, in other

words, a declaration in the same terms as the summons.

MR STRETTON:  May it please the Court.

HIS HONOUR: There is no further business?

MR STRETTON:  No, Your Honour.

AT 9.39 AM THE MATTER WAS ADJOURNED SINE DIE

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Harrison