Ensor & Anor v International Alpaca Management Pty Limited & Ors S94/1996 [1996] HCATrans 267 (24 July 1996)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S180 of 1995

B e t w e e n -

BEN K.E. ENSOR and GARRYMERE FARMS LIMITED

Applicants

and

INTERNATIONAL ALPACA MANAGEMENT PTY LIMITED, TEXTILE FINANCE LIMITED and COOLAROO ALPACA GENERAL PARTNER PTY LIMITED

Respondents

Application for order that solicitor has ceased to act

BRENNAN CJ

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 24 JULY 1996, AT 10.00 AM

Copyright in the High Court of Australia

MR M.P. BRENNAN: May it please the Court, I appear for Mallesons Stephen Jaques, solicitors, the applicant to the summons returnable this morning. (instructed by Mallesons Stephen Jaques)

MR J.W CONSTANCE: May it please the Court, I appear for the respondents. (instructed by Webeck Farland Pender)

HIS HONOUR: You do not have any interest in this matter, Mr Constance?

MR CONSTANCE: No, your Honour. I was instructed to attend this morning simply, your Honour, to seek to be heard if there was any question raised in relation to the possible vacation of the hearing date. That was the only concern from the respondents' point of view.

HIS HONOUR: Yes. Yes, Mr Brennan.

MR BRENNAN: Yes, thank you, your Honour. Your Honour, the Court is moved this morning on the summons dated 19 July 1996 seeking an order that Mallesons Stephen Jaques have ceased to be the solicitors acting for the applicants in these proceedings.

Your Honour, in support of that summons there are two affidavits: one of Joan Mary Howard, sworn 23 July 1996 and another being an affidavit of service, also sworn by Joan Mary Howard on 22 July 1996. I will take your Honour to the - - -

HIS HONOUR: I have read the affidavits, Mr Brennan. One thing that I thought perhaps might have been included or exhibited to Ms Howard's affidavit was the letter to Mr Ensor. Do you have a copy of it?

MR BRENNAN: Yes, your Honour. I have a copy of that. I am instructed that there was some reluctance in terms of providing that to my friend in that if Mr Ensor so chose to continue to be represented, it may disclose information that he may not have wanted disclosed to the respondents. I am happy to hand up a copy of that now.

HIS HONOUR: No, I will not receive the document in that case.

MR BRENNAN: Thank you, your Honour.

HIS HONOUR: I have your assurance that there is a clear intimation in that that Mallesons Stephen Jaques will no longer be acting for Mr Ensor?

MR BRENNAN: That is correct, your Honour. That is all that the - - -

HIS HONOUR: I do not think I need to hear you any further, Mr Brennan.

MR BRENNAN: Thank you, your Honour.

HIS HONOUR: I will make an order declaring that Mallesons Stephen Jaques have ceased to be the solicitors acting for the applicants in these proceedings. It will be the duty, however, of Mallesons Stephen Jaques to inform Mr Ensor of the making of this order and the proceedings will then be carried on on that basis.

MR BRENNAN: If it please the Court.

AT 10.03 AM THE MATTER WAS CONCLUDED