NMFM Property Pty Ltd v Citibank Ltd (No 8) [1999] FCA 266

NMFM Property Pty Ltd v Citibank Ltd (No 8) [1999] FCA 266

NMFM Property Pty Ltd may cross-examine Rommel Hacopian despite indemnity and legal cost arrangements, as ordinary practice is not overridden by case circumstances; Citibank’s interests are protected by judicial discretion under the Evidence Act. The ordinary sequence of Citibank cross-examining first is maintained, with leave reserved for further application.

Parties
First Applicant: NMFM Property Pty Limited; Second Applicant: National Mutual Assets Management Limited; Third Applicant: The National Mutual Life Association of Australasia Limited; Respondent; Cross Claimant on 1st Cross Claim; Cross Respondent to 2nd and 3rd Cross Claims: Citibank Limited; Second Cross Respondent; Cross Claimant on 2nd Cross Claim: Lance Kelly; Fourth Cross Respondent; Cross Claimant on 3rd Cross Claim: Dennis Jones; Fifteenth Cross Respondent: Rommel Hacopian; Twentieth Cross Respondent: American Home Assurance Company; Nineteenth Cross Respondent: Permanent Trustee Company Limited; Cross Respondents: Others (5th, 6th, 8th–11th, 14th–18th, 21st Cross-Respondents)
Jurisdiction
Australia
Judgment Date
12 March 1999
Procedural Posture
Civil / Interlocutory Ruling on Right to and Sequence of Cross Examinations
Outcome
NMFM Property Pty Ltd permitted to cross-examine Rommel Hacopian; Citibank’s counsel to cross-examine first.
Legal Topics
Cross Examination, Parties in the Same Interest, Sequence of Cross Examinations
Practice and Procedure Evidence Cross Examination Parties in the Same Interest Sequence of Cross Examinations

Case Brief

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Parties

NMFM Property Pty Limited

First Applicant

National Mutual Assets Management Limited

Second Applicant

The National Mutual Life Association of Australasia Limited

Third Applicant

Citibank Limited

Respondent; Cross Claimant on 1st Cross Claim; Cross Respondent to 2nd and 3rd Cross Claims

Lance Kelly

Second Cross Respondent; Cross Claimant on 2nd Cross Claim

Dennis Jones

Fourth Cross Respondent; Cross Claimant on 3rd Cross Claim

Rommel Hacopian

Fifteenth Cross Respondent

American Home Assurance Company

Twentieth Cross Respondent

Permanent Trustee Company Limited

Nineteenth Cross Respondent

Others (5th, 6th, 8th–11th, 14th–18th, 21st Cross-Respondents)

Cross Respondents

Procedural Posture

Civil / Interlocutory Ruling on Right to and Sequence of Cross Examinations

Legal Issues

  1. 1 Whether NMFM Property Pty Ltd has the right to cross-examine Rommel Hacopian given their indemnity arrangement and party interests
  2. 2 What is the proper sequence of cross-examinations for parties allegedly in the same interest

Ratio Decidendi

NMFM Property Pty Ltd may cross-examine Rommel Hacopian despite indemnity and legal cost arrangements, as ordinary practice is not overridden by case circumstances; Citibank’s interests are protected by judicial discretion under the Evidence Act. The ordinary sequence of Citibank cross-examining first is maintained, with leave reserved for further application.

Court Disposition

NMFM Property Pty Ltd permitted to cross-examine Rommel Hacopian; Citibank’s counsel to cross-examine first.

Orders

  • NMFM Property Pty Ltd may cross-examine Rommel Hacopian.
  • Citibank’s counsel cross-examines Rommel Hacopian first.