Steel Framing System Pty Ltd v Wakeling (No 1)

[2013] QDC 6

CITATION:

Steel Framing System Pty Ltd v Wakeling (No 1)  [2013] QDC 6

PARTIES:

STEEL FRAMING SYSTEM PTY LTD
(Plaintiff)

AND

PETER ROY WAKELING
(Defendant)

FILE NO/S:

2171/2011

PROCEEDING:

Application

DELIVERED ON:

15 January 2013

DELIVERED AT:

Brisbane

JUDGE:

Samios DCJ

ORDER:

1.   The applicant, Clark Kann Lawyers have leave to withdraw as solicitors for the defendant, Peter Roy Wakeling

2.   The defendant respondent, Peter Roy Wakeling, pay Clark Kann Lawyers the costs of this application on the indemnity basis, fixed in the sum of $1,963.50.

COUNSEL:

AW East appeared for the Applicant.

The Respondent was not represented. Called three times.

SOLICITORS:

Clark Kann lawyers for the Applicant

The Respondent was not represented.  Called three times

DISTRICT COURT OF QUEENSLAND

1. This is an application by Clark Kann Lawyers for leave to withdraw as solicitors for the defendant, Peter Roy Wakeling, I am satisfied that the solicitors have done everything possible to notify Mr Wakeling of the need to give instructions and that there would be an application to be heard today by the plaintiff for summary judgment and other orders.

2. In my view, Clark Kann Lawyers have satisfied me that it is proper to give them leave to withdraw and no meaningful instructions have been given by Mr Wakeling to Clark Kann Lawyers for quite a long time.  In my opinion, it was incumbent on Mr Wakeling to keep in touch with his lawyers and not have them put in a position of having to bring this application.

3. That, therefore, persuades me to make the order that Clark Kann Lawyers have leave to withdraw as solicitors for the defendant, Peter Roy Wakeling.  Further, I am satisfied it is proper in this case to allow Clark Kann Lawyers their costs of this application on an indemnity basis.  I therefore order the defendant, Peter Roy Wakeling, pay Clark Kann Lawyers the costs of this application on the indemnity basis, fixed in the sum of $1,963.50

4. The costs calculation has been made an exhibit in these proceedings.