Moana Farms Limited v Earthquake Commission

[2021] NZHC 2513

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2021-409-153

[2021] NZHC 2513

BETWEEN

MOANA FARMS LIMITED

Plaintiff

AND

THE EARTHQUAKE COMMISSION

First Defendant

AND

FMG INSURANCE LIMITED

Second Defendant

CIV-2021-409-154

BETWEEN

KEUNG INVESTMENTS LIMITED

Plaintiff

AND

THE EARTHQUAKE COMMISSION

First Defendant

AND

FMG INSURANCE LIMITED

Second Defendant

Hearing:

16 September 2021

Appearances:

C Light for Shine Lawyers NZ Ltd

J P Keung with leave for the Plaintiff companies

Judgment:

23 September 2021

JUDGMENT OF ASSOCITE JUDGE LESTER

[1]                In each of these proceedings, the solicitor on the record, Angela Mary Elizabeth Parlane of the firm Shine Lawyers NZ Ltd, seeks leave to withdraw under  r 5.41(1) of the High Court Rules 2016 as solicitor on the record.

MOANA FARMS LIMITED v THE EARTHQUAKE COMMISSION [2021] NZHC 2513 [23 September 2021]

[2]                Ms Parlane also seeks an order that the documents filed in support of her applications not be served on the defendants and be kept confidential from the defendants and sealed on the Court file to protect the position of the plaintiffs.

[3]                Both  applications   were   called   in   the   11 am   High   Court   List   on   16 September 2021.

[4]                I consider it appropriate that the applications and the documents filed in support not be served and are to be sealed and not searched without leave of a Judge, and I so order. It is sufficient to say that the professional relationship between the law firm and the plaintiff companies has broken down. Mr Paul Keung, who appeared for the companies on this issue only with leave, recorded that he took issue with the grounds relied on in Ms Parlane’s applications. Given there was no  opposition to  Ms Parlane’s applications and it was common ground the solicitor-client relationship was unworkable, there was nothing to be gained through me attempting to get to the bottom of the issues between the solicitor on the record and her clients.

[5]                Accordingly, there is an Order that Angela Mary Elizabeth Parlane is no longer solicitor on the record for the plaintiffs in each of these proceedings. The address for service of Moana Farms Ltd and Keung Investments Ltd is at their registered offices. Mr Keung confirmed he understood that the registered office would now be the address for service for each company.

[6]                Mr Keung further sought the ability to represent the companies. I was only prepared to hear him in respect of the applications to withdraw. I explained that if he wished to renew an application to represent the companies, it would have to be on notice  but  Mr Keung  should   have  regard  to   the   fact   that   the  threshold   for a non-solicitor being permitted to represent a company is a very high one.

[7]                Mr Keung sought that each proceeding be adjourned for three months as he explained there were a series of meetings between engineers underway. Mr Keung said he had spoken to Mr Booth of DLA Piper, representing FMG Insurance Ltd, and I was advised Mr Booth did not object to the adjournment. However, Ms Clark, acting for the Earthquake Commission, had not been contacted.

[8]                I adjourn each matter to a telephone conference before me at 3.00 pm on Monday 13 December 2021. The purpose of that conference is to review progress made in respect of the engineering meetings referred to by Mr Keung and to allow the plaintiffs to obtain new counsel. If counsel for either defendant seek an earlier telephone conference, they may do so.

Associate Judge Lester