Riverina (Australia) Pty Ltd v Flavin Holdings Pty Ltd
[2005] QDC 260
•22/08/2005
[2005] QDC 260
DISTRICT COURT
CIVIL JURISDICTION
JUDGE ROBIN QC
No BD1550 of 2004
| RIVERINA (AUSTRALIA) PTY LTD ACN 010 755 254 | Plaintiff |
| and | |
| FLAVIN HOLDINGS PTY LTD and MICHAEL RICHARD DREWITT and HELEN DIANNE DREWITT and WINCHESTER YOUNG & MADDERN | First Defendant Second Defendant Third Defendant Applicant |
BRISBANE
..DATE 22/08/2005
ORDER
CATCHWORDS: Uniform Civil Procedure Rules r 990, r 991 - application by defendants' solicitor for leave to withdraw on the eve of trial - defendants not present - application adjourned to the trial so that the solicitors could inform the trial judge of the state of preparations for trial
HIS HONOUR: This is an application by the solicitors for the defendant for leave to withdraw under UCPR rule 991. There be no occasion to go into things at this stage. Even on the assumption that the procedures set out in rule 990 have been pursued, it is inappropriate in my view to accede to the application. The matter is listed for trial tomorrow.
As Mr Derrington, for the plaintiff, which is responding to the application, from the point of view of attending to its own interests, says, it would be of considerable assistance to the trial Judge tomorrow to have a legal representative available to make it clear to the Court what stage of preparation the matter has reached. That seems to me self evidently preferable to having litigants in person doing their best for themselves and most likely to seek an adjournment.
Mr Gopal, who is pursuing the application, indicates that the defendants will be representing themselves, which is no doubt the case in respect of the claim against them as guarantors. So far as the principal - the first defendant - is concerned, arrangements will no doubt be made for one of the natural defendants to represent it.
...
HIS HONOUR: The defendants have not appeared when called and Mr Gopal confirms telephone advice from them that they will be arriving later today from New South Wales to prepare for the trial tomorrow.
The application by Mr Gopal's firm is adjourned to the Judge who is listed to hear the trial tomorrow.
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HIS HONOUR: Costs reserved.
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