Super 1000 Pty Ltd v Pacific General Securities Ltd

Super 1000 Pty Ltd, a company, sought to cease acting for Pacific General Securities Ltd, a defendant in an action. The dispute was whether Super 1000 could file a notice of ceasing to act, despite the absence of a notice of intention and the application being made shortly before the hearing date. Super 1000 argued that the client had failed to provide funds for the solicitor's services. The defendant opposed the application, citing prejudice caused by the need for an adjournment.

The legal issue was whether the court could permit Super 1000 to cease acting in these circumstances. The court had to consider whether the application was distinct from an adjournment application, and whether the defendant would be prejudiced by the adjournment. The court also needed to determine whether the client's failure to provide funds was a sufficient reason for ceasing to act.

The court held that the application was distinct from an adjournment application, and that the defendant would not be prejudiced by the adjournment. The court also found that the client's failure to provide funds was a sufficient reason for Super 1000 to cease acting. The court noted that the defendant had a representative in court and that the application was not made in bad faith. The court granted Super 1000 leave to file a notice of ceasing to act.

The court ordered that Super 1000 could cease acting as solicitor for Pacific General Securities Ltd, and that the notice of ceasing to act be filed within seven days of the order. The court also ordered that Pacific General Securities Ltd pay Super 1000's costs of the application, to be taxed on an indemnity basis if not agreed upon.