Wilson v. Aldred

[2009] QDC 264

[2009] QDC 264

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 4540 of 2005

IAN WILSON	Plaintiff
and
BRIAN WILLIAM ALDRED & ORS	Defendants

BRISBANE

..DATE 02/07/2009

ORDER

CATCHWORDS: Uniform Civil Procedure Rules r 991, r 992 - where defendants' solicitor on the record is given leave to withdraw, with no replacement address for service for the defendants filed, the order identified an address for service which the plaintiff might use.

HIS HONOUR:  The Court has made an Order in terms of the initialled draft granting leave under rule 991 to the firm of Neumann & Turnour to withdraw as solicitors for the first, second and third defendants.  The fourth defendant has already been released from the proceeding.

It is an interesting one in which the plaintiff asserts a conspiracy to favour interests associated with the defendants over his own in a liquidation.

The application to withdraw is in order.  However, the Court has the concern which I think it always ought to have, that the other parties in such circumstances, here the plaintiff, ought not to suddenly lose the advantage of a useable address for service within the proceeding.  It is a useful practice to incorporate in the order made in such circumstances identification of an address for service for the parties parting company with their solicitor, if they haven't yet filed an indication of a new address for service, which can be used.  Rule 992 will not save other parties from disadvantage of the address.  An appropriate address is easily identified in the present circumstances.  The notice of intention to defend filed by the applicant solicitors gives that address and there is confirmation from Ms Simon, appearing for the solicitors today, that her letter advising this application which was posted to the first, second and third defendants at the same address was duly delivered.  That letter also shows a facsimile number which apparently proved useful.  The draft proffered by Ms Simon has been amended to include a provision that that address for service may be used for the first, second and third defendants until they file and serve notice of some other.

I've also amended the draft to provide that the applicant's solicitors serve a copy of the Order, not only on their erstwhile clients, but also on the plaintiff.

Order as per draft.

MS SIMON:  Thank you, your Honour.  That's my only matter, may I be excused.

HIS HONOUR:  Yes, of course.  I should add to the reasons just given that Ms Simon informed the Court that the plaintiff had been advised of today's application.  He wasn't here when called.  There was no proof of service on the plaintiff, however, as there had been in respect of the first, second and third defendants.

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