Oral Test by the Judge

This morning (like every other morning before it), I was sent to the court for mention. And this time before a HC judge. I was briefed by the counsel in charge to inform the court that the Plaintiff will withdraw as solicitors for one of the plaintiff who have instructed us to withdraw the summons contrary to other Plaintiffs who wish to proceed. By withdrawing ourselves we could then proceed with the action and to get directions from the judge for the filing of subsequent papers and to obtain a return date for hearing. Sounds simple enough... so I went!

In the chambers, after I indicated to the judge my instructions, the judge suddenly asked:

"I thought there were settlement?"

"My Lord, apparently only the 4th Plaintiff claims that the matter is settle, and that's why we are withdrawing as solicitors"
(The Defendant's counsel also explained to the judge that as far that they are concerned the case is settled, but since not all Plaintiffs agreed, case will have to proceed.)

"How do you withdraw yourselves?"
(This really sounds like oral test, no?)

"My Lord, we filed in applications with affidavit to withdraw yesterday."

"Oh..."

"What's the story of these sale and purchase agreements? Last time you say will settle so I have not read the facts, now you want to proceed, please tell me."

I went ... (speechless with a silly smile on my silly face)

"What's the action about, Ms F"
(Oral test not finished yet ey?.. Fortunately this morning another lawyer of the firm asked me about the story behind the file and I have some vague recollections)

"My lord, I believe our client is disputing the validity of the sale and purchase agreement entered by the new shareholders of the company of which our clients where the previous shareholders" (I don't know whether its the exact story or not... but I think its of that line thus the "I believe"... gosh, lucky the judge didn't scold me for now knowing my case [which in reality is not my case but I can't tell that to the judge can I?])

"This company owns property?"

"Yes My Lord, and the property were sold vide the defendants become shareholders."

"Now what do you want to do?"

"My Lord, we will proceed with the action and ask the court's direction for the filing of the affidavit in opposition by the Defendants."

(The Defendants counsel then asked for time to file etc)

 

I blogged about this to remind myself to ALWAYS read the facts of the file before appearing in court! You will never know what you'd be asked!

 

PS: Today is my 14th Penguin Day of 2009.