NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hammond v JP Morgan Trust Australia Limited [2012] NSWCA 261 Hearing dates: 13 August 2012 Decision date: 23 August 2012 Before: Beazley JA Decision: Notice of motion dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CIVIL PROCEDURE - Joinder of parties - Husband and wife - Wife registered proprietor of land - Land encumbered by registered mortgage - Husband claims land held on resulting trust by wife - Husband not party to possession proceedings on appeal - Whether non-party to appeal proceedings is necessary party and ought to be joined -- Equitable interest does not have priority over first ranking registered mortgage - Husband not necessary party - Application dismissed with costs. Cases Cited: Hammond v JP Morgan Trust Australia Limited [2012] NSWCA 188 Hammond v JP Morgan Trust Australia Limited [2012] NSWCA 156 John Alexander's Clubs Pty Ltd & Anor v White City Tennis Club Ltd [2010] HCA 19; 241 CLR 1 JP Morgan Trust Australia Limited v Hammond [2012] NSWSC 213 News Ltd v Australian Rugby Football League Ltd [1996] FCA 870; (1996) 64 FCR 410 Category: Interlocutory applications Parties: Tracie Hammond (Appellant) JP Morgan Trust Australia Limited (Respondent) Representation: Counsel: P Hammond (In person) P Newton (Respondent) Solicitors N/A (Appellant) Kemp Strang (Respondent) File Number(s): 2012/124059 Publication restriction: No Decision under appeal Citation: JP Morgan Trust Australia Limited v Hammond [2012] NSWSC 317 Date of Decision: 2012-04-03 00:00:00 Before: Johnson J File Number(s): 2008/284105
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