Lauro v The Marble House of Australia

Case

[2013] SASC 17


Details
AGLC Case Decision Date
Lauro v The Marble House of Australia [2013] SASC 17 [2013] SASC 17

CaseChat Overview and Summary

The Supreme Court of South Australia considered three applications in the case of Lauro v The Marble House of Australia & Ors. The appellant, Natale Lauro, sought an adjournment of the appeal hearing and an extension of time to file an amended notice of appeal. Lauro’s solicitors, Minter Ellison, sought leave to cease acting for Lauro due to a breakdown in the solicitor-client relationship and non-payment of fees. The respondents sought security for costs, citing Lauro’s impecuniosity and alleged threats against them.

The court granted Minter Ellison leave to cease acting for Lauro, finding that the solicitor-client relationship had irretrievably broken down. The court declined to make the order conditional on the terms proposed by Lauro. The court also granted the respondents’ application for security for costs in the amount of $25,000, finding that Lauro’s impecuniosity and the complexity of the appeal warranted such an order. The appeal was stayed until Lauro provided the security.

The court adjourned the hearing of the appeal to allow Lauro a reasonable opportunity to retain new legal representation and provide the required security for costs. The court further ordered that Lauro could listen to the audio recordings of the earlier proceedings for the purposes of the appeal.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Stay of Proceedings

  • Contract Formation

  • Breach of Contract