Big law shop drops its insistence on having Allan Myers for the Chris Dale case ... Appeal ditched ... No more mucking around
Myers: no memory of advising Dale
Clayton Utz's struggle to retain Allan Myers in its stoush with former partner Chris Dale has been abandoned.
All the firm's brilliant appeal points will not be tested as the challenge to Justice Elizabeth Hollingworth's injunction against Myers appearing has been wholly discontinued.
Dale is suing his old law shop for wrongful dismissal from the partnership in September 2005.
Clutz's insistence on briefing Allan Myers must have been part of a staring-down ploy.
In several hearings in the VicSupremes evidence was heard that Myers had no memory of advising Dale about some of the issues that would be in contention in the trial of the action.
Someone decided that enough was enough. Maybe, Myers said he could now remember, or that he was no longer available.
Minters, acting for Clutz, filed the notice of discontinuance on Tuesday (April 30).
Doubtless, another glamorous silk has been unearthed.
Now it's onto the real stuff.
See: Justice Hollingworth's reasons
See: Notice of appeal
See: Clutz appeals injunction against Allan Myers
See: Allan Myers struck from Clayton Utz case
Clutz v Dale - Appeal Withdrawn