JP Morgan Trust Australia Limited v Hammond [2012] NSWSC 213

Supreme Court New South Wales

Medium Neutral Citation: JP Morgan Trust Australia Limited v Hammond [2012] NSWSC 213 Hearing dates: 9 March 2012 Decision date: 09 March 2012 Jurisdiction: Common Law Before: Johnson J Decision: Application by Patrick Hammond for leave to appear as lay advocate for the Defendant refused Catchwords: PRACTICE AND PROCEDURE - claim for possession of land following alleged mortgage default - application by Defendant's husband for leave to appear for her as lay advocate at final hearing - husband to be a witness in proceedings - exceptional nature of order sought - need for good grounds to be demonstrated - conflict of interest between Defendant and husband - importance of protection of administration of justice - interests of justice - leave refused Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Hammond v JP Mortgage Trust Australia Limited [2011] NSWCA 57 Teese v State Bank of New South Wales [2002] NSWCCA 219 Damjanovic v Maley [2002] NSWCA 230; 55 NSWLR 149 Portelli v Goh [2002] NSWSC 997 Perpetual Limited v Kelso [2008] NSWSC 906 Wang v State of New South Wales [2011] NSWSC 609 Kallinicos v Hunt [2005] NSWSC 1181; 64 NSWLR 561 Texts Cited: --- Category: Interlocutory applications Parties: JP Morgan Trust Australia Limited (Plaintiff) Tracie Lynne Hammond (Defendant) Representation: Mr PT Newton (Plaintiff) Mr P Hammond (husband of Defendant on application for leave to appear for Defendant) Kemp Strang (Plaintiff) File Number(s): 2008/284105 Publication restriction: ---