RPS Freightways Pty Ltd v Singh

RPS Freightways Pty Ltd initiated proceedings against Mr Singh, the defendant, in the County Court of Victoria. The matter pertains to a dispute regarding alleged breaches of contract and the defendant's failure to comply with certain contractual obligations. The defendant's solicitors, De Marco Lawyers, filed a Notice of Intention of Ceasing to Act less than 28 days before the scheduled hearing date, without seeking leave as required by UCPR r 7.29. This led to a request for an adjournment on the first day of the hearing.

The legal issues before the court were whether the defendant's solicitors were entitled to an adjournment and whether they should be allowed to withdraw from the proceedings without facing any costs consequences. The court considered the strict requirements of UCPR r 7.29 and the potential prejudice to the plaintiff if the adjournment was granted without a showing of good cause. The court also had to determine the appropriate costs orders if the solicitors were permitted to withdraw.

Gibson DCJ found that the defendant's solicitors had not complied with the necessary procedural requirements in seeking leave to withdraw. The court held that the solicitors' failure to seek leave and the timing of the Notice of Intention of Ceasing to Act did not constitute good cause for an adjournment. Consequently, the court stood over the proceedings part-heard and ordered the solicitors to attend court to seek leave to withdraw and show cause why they should not be liable for costs. The court reserved the decision on costs and directed that copies of the orders and reasons for decision be provided to the defendant's solicitors.