NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McCarthy v National Australia Bank Ltd (No 2) [2015] NSWCA 230 Hearing dates: 6 August 2015 Decision date: 06 August 2015 Before: Basten JA Decision: (1) Dismiss the applicant's notice of motion filed on 3 August 2015.
(2) Order that the applicant pay the respondent Bank's costs of the motion. Catchwords: PROCEDURE – stay of execution of writ of possession pending application for leave to appeal – whether arguable grounds established – absence of arguable defence – whether arguable claim of procedural unfairness in not allowing applicant to appear with lay advocate
PROCEDURE – application to appear by lay advocate – whether party unable adequately to present own case – whether conflict of interest between advocate and applicant Cases Cited: Bofinger v Kingsway Group Limited (2009) 239 CLR 269; [2009] HCA 44 Drew v Lockett (1863) 32 Beav 499 Damjanovic v Maley (2002) 55 NSWLR 149; [2002] NSWCA 230 Category: Procedural and other rulings Parties: Warren Brian McCarthy (Applicant) National Australia Bank Ltd (Respondent) Representation: Counsel: Applicant self-represented Mr D C Price (Respondent)
Solicitors: Applicant self-represented DibbsBarker (Respondent) File Number(s): CA 2015/226108 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: National Australia Bank v McCarthy [2015] NSWSC 1040 Date of Decision: 29 July 2015 Before: Adamson J File Number(s): 2014/5111
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