Teese v State Bank of New South Wales

The appellant, Teese, sought leave for Mr B White to appear as a McKenzie friend in proceedings against the respondent, State Bank of New South Wales. The application was heard by the Court of Appeal of New South Wales.

The central legal issue before the Court was whether to grant leave for Mr White to act as a McKenzie friend for the appellant. This required the Court to consider the general rule against legal practitioners appearing as McKenzie friends and the circumstances under which an exception might be made.

The Court applied the principle that leave to appear as a McKenzie friend will only be granted if good grounds are shown. This is a policy consideration aimed at preventing unqualified persons, particularly those with legal qualifications, from effectively acting as legal representatives without adhering to the usual professional obligations and rules. The majority of the Court found that sufficient grounds had not been demonstrated to depart from the general rule.

Consequently, leave for Mr White to appear as a McKenzie friend on behalf of the appellant was refused by majority.