Hillcrest (Ilford) Pty Ltd v Kingsford (Ilford) Pty Ltd [2010] NSWSC 284

Hillcrest (Ilford) Pty Ltd v Kingsford (Ilford) Pty Ltd [2010] NSWSC 284

The only reason advanced for Mr Harding seeking representation by Mr Bell was that he felt let down by lawyers in the past and did not want that to happen again. That was an insufficient reason to grant leave to an unadmitted person to appear, so leave was declined.

Jurisdiction
Australia
Judgment Date
14 April 2010
Procedural Posture
Practice and Procedure Ruling / Oral Application for Leave for a Person Not Admitted to Practice as a Legal Practitioner to Appear for the Second Defendant at Hearing
Outcome
Leave for Mr Ian Bruce Bell to appear for the second defendant was declined.
Legal Topics
['leave to Appear' 'representation by Non Lawyer' 'unqualified Legal Practitioner']
['practice and Procedure'] ['leave to Appear' 'representation by Non Lawyer' 'unqualified Legal Practitioner']

Case Brief

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Procedural Posture

Practice and Procedure Ruling / Oral Application for Leave for a Person Not Admitted to Practice as a Legal Practitioner to Appear for the Second Defendant at Hearing

Legal Issues

  1. 1 ['Whether leave should be granted to Mr Ian Bruce Bell, who had not been admitted to practice as a legal practitioner, to appear for the second defendant.']

Ratio Decidendi

The only reason advanced for Mr Harding seeking representation by Mr Bell was that he felt let down by lawyers in the past and did not want that to happen again. That was an insufficient reason to grant leave to an unadmitted person to appear, so leave was declined.

Court Disposition

Leave for Mr Ian Bruce Bell to appear for the second defendant was declined.

Orders

  • ['Leave to Mr Bell to appear for Mr Harding declined.' 'Mr Harding may consult with Mr Bell during the hearing provided the expeditious conduct of the hearing is not unduly diminished.' 'Mr Bell may sit at the bar table.']