Tu v Ch Real Estate Pty Ltd trading as Raine and Horne Campbelltown

The plaintiff, Tu, filed a claim against Ch Real Estate Pty Ltd trading as Raine and Horne Campbelltown, alleging professional negligence. The dispute reached the court, where the primary issue was whether the solicitor on record, who had applied to cease acting for the plaintiff, should be granted permission to file a notice of ceasing to act under rule 7.29 of the Uniform Civil Procedure Rules. The application was made shortly before a scheduled hearing. The court had to determine whether the application was made in a timely manner and if the delay was reasonable.

The court assessed the application under the Uniform Civil Procedure Rules, focusing on whether the delay in filing the notice of ceasing to act was justified. The plaintiff argued that the application was untimely and that the delay prejudiced their case, particularly given the proximity of the hearing. The defendant's solicitor contended that the delay was inadvertent and that there were no grounds for prejudice. The court considered the procedural fairness and the potential impact on the plaintiff’s right to be heard.

After reviewing the circumstances, the court found that the delay in filing the notice of ceasing to act was not unreasonable. The court took into account the inadvertent nature of the delay and the lack of prejudice to the plaintiff's case. Consequently, the application was granted, allowing the solicitor to cease acting for the plaintiff. The court emphasised the importance of timely filings but also recognised the discretion available in exceptional circumstances.

The court ordered that the solicitor on record be permitted to cease acting for the plaintiff, effective from the date of the order. The hearing was rescheduled to allow the plaintiff adequate time to obtain new representation. The court also noted that the plaintiff was to bear their own costs associated with the delay.