NSW Caselaw
New South Wales Supreme Court
CITATION : Adler Mallach Holdings Pty Limited v Robert Samuel Robertson & Ors [2002] NSWSC 998 FILE NUMBER(S) : SC 2646/02 HEARING DATE(S) : 23/10/02 JUDGMENT DATE : 23 October 2002
Adler Mallach Holdings Pty Limited (Plaintiff) PARTIES : Robert Samuel Robertson (1st Defendant) Nenia Robertson (2nd Defendant)) Westpac Banking Corporation (3rd Defendant) JUDGMENT OF : Einstein J
COUNSEL : Mr A Blank (Plaintiff) Mr G McGrath (2nd Defendant) SOLICITORS : Isho & Associates (2nd Defendant) CATCHWORDS : Practice and Procedure - Proceedings carried on by a corporation - Direct access to client - Plaintiff company seeking to be represented by a barrister without intervention of a solicitor - Effect of Part 4 Rule 4 of the Supreme Court Rules - Whether appropriate to dispense with rule Conveyancing Act 1990 (NSW) LEGISLATION CITED : Legal Profession Act 1987 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Alsons Pty Ltd v Sunpost Pty Ltd (unreported, NSWCA, 3 April 1995, Meagher JA) CASES CITED : Bay Marine Pty Ltd v Clayton Country Properties Pty Ltd (1986) 8 NSWLR 104 Harman v Secretary of State for the Home Office [1983] 1 AC 280 Jiwira Pty Ltd v Primary Industry Bank of Australia Ltd (unreported, NSWSC, 17 February 1995, BC9504245). DECISION : Leave to corporate plaintiff to continue the proceedings otherwise than by a solicitor refused.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
Einstein J
Wednesday 23 October 2002 ex tempore Revised Thursday 24 October 2002
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