Witham v Holloway

Case [1993] HCATrans 230


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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No Sl46 of 1992

B e t w e e n -

JOHN ALLAN WITHAM

Applicant

and

JOHN WILLIAM HOLLOWAY

Respondent

Application for order that

solicitor has ceased to act

MASON CJ

(In Chambers)

Witham(2) 17/8/93

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 17 AUGUST 1993, AT 9.36 AM

(Continued from 9/8/93)

Copyright in the High Court of Australia

MR A.V. FISHER:  May it please the Court, I appear for the
appellant. (of Watsons)
Your Honour, last time this matter was before
Your Honour, the Court directed that the summons
and other documents in this matter be served by
post at two addresses. There is an affidavit
filed, 17 August 1993, by Phillip Matthew Ryan as
to that service.
HIS HONOUR:  And you want an order in the form of order 1

sought in the summons of 4 August?

MR FISHER: Yes, Your Honour.

HIS HONOUR:  Yes. Well, I make an order in those terms.
MR FISHER:  May it please the Court.

AT 9.37 AM THE MATTER WAS ADJOURNED SINE DIE

Witham(2) 6 17/8/93
Details
AGLC
Witham v Holloway [1993] HCATrans 230
Case
[1993] HCATrans 230
Decision Date

CaseChat Overview and Summary

The High Court of Australia considered an application by John William Holloway for an order that his solicitor had ceased to act for him. The matter came before the Court on 17 August 1993, following a previous hearing on 9 August 1993.

The primary legal issue before the Court was whether to grant the order sought by the applicant, which would formally declare that his solicitor was no longer acting in the matter. The Court was presented with an affidavit of service indicating that the summons and other relevant documents had been served by post at two specified addresses.

The Court, having been informed of the service and the applicant's request, made an order in the terms sought in the summons. The matter was then adjourned sine die.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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