Otta International Pty Ltd v Asia Pacific Carbon Pte Ltd [2015] NSWSC 1818

Supreme Court New South Wales

Medium Neutral Citation: Otta International Pty Ltd v Asia Pacific Carbon Pte Ltd [2015] NSWSC 1818 Hearing dates: 1 December 2015 Decision date: 01 December 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the fourth defendant's notice of motion filed on 9 November 2015.

(2) Order the fourth defendant to pay the plaintiff's costs of the notice of motion.

(3) Direct each defendant to file and serve a separate verified amended defence and any cross-claim by Tuesday 5 January 2016.

(4) Direct the cross-defendants to file defences to any cross-claims within 28 days of service.

(5) Relist the matter for directions before the Registrar at 9am on 3 March 2016.

(6) Grant liberty to any party to apply to restore the matter to the list on two days' notice. Catchwords: PRACTICE AND PROCEDURE – enforcement of loan agreements – allegations of misleading and deceptive conduct by husband – whether husband should be granted leave to represent wife and two companies – leave refused – potential for conflict – particular concerns associated with one spouse representing the other spouse

LEGAL PROFESSION – policy reasons underlying need for either legal representation or representation in person Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 6.9, 7.1 Cases Cited: National Australia Bank v Garcia [1998] HCA 48; 194 CLR 395 Yerkey v Jones (1939) 63 CLR 649 Category: Procedural and other rulings Parties: Otta International Pty Limited ACN 002 393 535 (Plaintiff) Asia Pacific Carbon Pte Ltd (First Defendant) Asia Pacific Carbon Pty Ltd ACN 146 028 140 (Second Defendant) Julie Marjorie Kane (Third Defendant) Peter Nicholas Kane (Fourth Defendant) Representation: Counsel: M Hadley (Plaintiff) Fourth Defendant in person