Hammond v J P Morgan Trust Australia Limited
Case
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[2012] NSWCA 156
•14 May 2012
Details
AGLC
Case
Decision Date
Hammond v J P Morgan Trust Australia Limited [2012] NSWCA 156
[2012] NSWCA 156
14 May 2012
CaseChat Overview and Summary
In the matter of *Hammond v J P Morgan Trust Australia Limited*, the applicant, Ms Hammond, sought various orders from the Court of Appeal of New South Wales. These included leave to appear as a lay advocate for herself on the substantive hearing, a stay of execution of a writ of possession, and an order prohibiting any lawyer retained by the respondent from taking further part in the proceedings.
The Court was required to determine whether to grant Ms Hammond's applications. Specifically, the Court had to consider the circumstances under which a party might be permitted to appear as a lay advocate, the grounds for granting a stay of execution of a writ of possession, and the basis for prohibiting a respondent's legal representatives from continuing to act in the proceedings.
The Court dismissed the applicant's notice of motion. While the provided text does not detail the specific reasoning for this dismissal, it is noted that the Uniform Civil Procedure Rules 2005 govern the entry, setting aside, and variation of judgments and orders, including time limits for such applications. The applicant's motion was dismissed with costs.
The Court was required to determine whether to grant Ms Hammond's applications. Specifically, the Court had to consider the circumstances under which a party might be permitted to appear as a lay advocate, the grounds for granting a stay of execution of a writ of possession, and the basis for prohibiting a respondent's legal representatives from continuing to act in the proceedings.
The Court dismissed the applicant's notice of motion. While the provided text does not detail the specific reasoning for this dismissal, it is noted that the Uniform Civil Procedure Rules 2005 govern the entry, setting aside, and variation of judgments and orders, including time limits for such applications. The applicant's motion was dismissed with costs.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Stay of Proceedings
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Costs
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Injunction
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Procedural Fairness
Actions
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Most Recent Citation
R v Sparos [2018] NSWSC 712
Cases Citing This Decision
3
Hammond v JP Morgan Trust Australia Ltd
[2012] NSWCA 295
Hammond v JP Morgan Trust Australia Limited
[2012] NSWCA 261
R v Sparos
[2018] NSWSC 712
Cases Cited
3
Statutory Material Cited
1
JP Morgan Trust Australia Ltd v Hammond
[2012] NSWSC 213
JP Morgan Trust Australia Limited v Hammond
[2012] NSWSC 317
Minister for Immigration and Citizenship v Li
[2013] HCA 18