Hammond v Hammond [2012] NSWSC 73

Supreme Court New South Wales

Medium Neutral Citation: Hammond v Hammond [2012] NSWSC 73 Hearing dates: 31/01/2012, 01/02/2012 Decision date: 16 February 2012 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1)Order that the plaintiff withdraw caveat No AG466711L within seven days; (2)Otherwise dismiss the proceedings; (3)Order that the plaintiff pay the defendants' costs. Catchwords: PRACTICE AND PROCEDURE - application to strike out statement of claim and for summary dismissal of proceedings - no pleading in accordance with UCPR - statement of claim does not disclose any reasonable cause of action - delay in prosecuting proceedings - proceedings dismissed Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 2004 Limitation Act 1969 Professional Conduct & Practices Rules (Solicitors' Rules) (NSW) Trade Practices Act 1974 (Commonwealth) Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia v Australian National University [2009] HCA 27 Barnes v Alderton [2008] NSWSC 107 Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Cement Australia Pty Ltd v Australian Competition and Consumer Commission [2010] FCAFC 101 DeLaForce v Simpson-Cook [2010] NSWCA 84 Hoser v Hartcher [1999] NSWSC 527 State of Queensland v JL Holdings [1997] HCA 1 Schellenberg v British Broadcasting Commission [2000] EMLR 296 at 318 Thorner v Majors [2009] UKHL 18 Category: Procedural and other rulings Parties: Phillip Ross Hammond (plaintiff) Walter Edward Hammond (1st defendant) Colin Hammond (2nd defendant) Eadie Hammond (3rd defendant) (no longer a party to the proceedings) Geoff Edmunds (4th defendant) Belbridge & Hague (5th defendant) Representation: Plaintiff in person A Kuklik (1st and 2nd defendants) M Davies (4th and 5th defendants) Plaintiff in person Skinner and Associates (1st and 2nd defendants Blackstone Waterhouse Lawyers (4th and 5th defendants) File Number(s): 09/290048