RPS Freightways Pty Ltd v Singh (No. 2)

RPS Freightways Pty Ltd brought an action against Singh, seeking various remedies in relation to the alleged unlawful termination of a contract. The case came before the Local Court of New South Wales. Singh’s solicitors ceased to act less than 28 days before the hearing, necessitating the lodging of a Notice of Ceasing to Act with the registry. Singh applied for an adjournment of the hearing, citing a lack of confidence in his former solicitors, and seeking to have them withdrawn from the case. The legal issues before the court included whether Singh required leave to withdraw his former solicitors under UCPR rule 7.29, and whether leave should be granted for the solicitors to withdraw. The court examined the circumstances under which solicitors could be withdrawn from a case, and whether Singh’s lack of confidence in his former solicitors warranted the adjournment of the hearing.

The court found that Singh’s lack of confidence in his former solicitors constituted sufficient grounds to warrant their withdrawal from the case. The court noted that the lack of time to find alternative representation, combined with Singh’s expressed lack of confidence, justified the adjournment of the hearing. The court granted leave to the solicitors to withdraw and vacated the hearing date. The court also ordered that the hearing of the plaintiff’s application for costs occasioned by the vacating of the hearing date be listed. The matter was stood over for directions and referred to the Law Society of New South Wales for independent legal advice regarding Singh’s entitlements as a litigant in person. The court directed the parties to attend for mediation before an Assistant Registrar.

The court issued several orders to manage the proceedings. It vacated the hearing date, listed the plaintiff’s application for costs, and granted leave for the defendant’s solicitors to withdraw. The matter was stood over for directions and referred to the Law Society of New South Wales for independent legal advice. The court also directed the parties to attend mediation and noted that Judge Gibson would provide reasons for the orders via email. This decision highlights the importance of timely notice of ceasing to act and the court’s consideration of client confidence in solicitors when granting leave to withdraw.