Taryn Maree Hammond v Annette Hammond [2012] NSWSC 1326

Supreme Court New South Wales

Medium Neutral Citation: Taryn Maree Hammond v Annette Hammond [2012] NSWSC 1326 Hearing dates: 12 October 2012 Decision date: 31 October 2012 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: 1)Set aside the order of Registrar Musgrave on 23 July 2012. 2)Direct the solicitors to serve a copy of this judgment on their clients. 3)Parties to be heard on costs Catchwords: PROCEDURE - judgment and orders - setting aside notice of motion - failure of service of notice - exercise of judicial discretion to set aside Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Cameron v Cole (1944) 68 CLR 571 Hoskins v Van Den-Braak (1998) 43 NSWLR 290 Johnson Tiles Pty Ltd v Esso Australia Ltd [1999] FCA 1363; (1999) 94 FCR 167 Parker v Parker [2006] NSWSC 473 Sherborne Estate (No 2); Vanvalen v Neaves [2005] NSWSC 1003; (2005) 65 NSWLR 268 Woolf v Snipe [1933] HCA 5; (1933) 48 CLR 677 Category: Interlocutory applications Parties: First Plaintiff: Taryn Maree Hammond by her tutor Cathie Leanne Hammond Second Plaintiff: Jake Matthew Hammond by his tutor Cathie Leanne Hammond Defendant: Annette Hammond Representation: Counsel: Solicitors: Plaintiff: Armando Gardiman, Turner Freeman Defendant: Michael Donovan, Business Lawyers File Number(s): 2010/90383