AAI Limited trading as GIO v Evic & Ors [2024] NSWSC 629

AAI Limited trading as GIO v Evic & Ors [2024] NSWSC 629

The Attorney General for New South Wales should be joined as a party pursuant to r 6.24(1) of the Uniform Civil Procedure Rules 2005 to provide an active contradictor for the assistance of the Court, but should bear his own costs and have no liability for costs due to the nature of his interest (public interest, not private right) and the established principles governing intervenors in civil litigation.

Jurisdiction
Australia
Judgment Date
23 May 2024
Procedural Posture
Procedural Rulings / Interlocutory (joinder Application)
Outcome
Attorney General joined as fourth defendant with each of the plaintiff and Attorney General to bear their own costs, and further procedural orders made by consent.
Legal Topics
['joinder of Parties' 'costs of Intervention' 'declaratory Relief' 'statutory Construction']
['civil Procedure'] ['joinder of Parties' 'costs of Intervention' 'declaratory Relief' 'statutory Construction']

Case Brief

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Procedural Posture

Procedural Rulings / Interlocutory (joinder Application)

Legal Issues

  1. 1 ['Whether the Attorney General for New South Wales should be joined as a party to the proceedings under r 6.24(1) of the Uniform Civil Procedure Rules 2005' 'Whether the Attorney General should be liable for, or entitled to, costs upon joinder as a party']

Ratio Decidendi

The Attorney General for New South Wales should be joined as a party pursuant to r 6.24(1) of the Uniform Civil Procedure Rules 2005 to provide an active contradictor for the assistance of the Court, but should bear his own costs and have no liability for costs due to the nature of his interest (public interest, not private right) and the established principles governing intervenors in civil litigation.

Court Disposition

Attorney General joined as fourth defendant with each of the plaintiff and Attorney General to bear their own costs, and further procedural orders made by consent.

Orders

  • ['The Attorney General for New South Wales be joined to the proceedings as fourth defendant pursuant to rule 6.24(1) of the Uniform Civil Procedure Rules 2005 on the basis that he bear his own costs and bear no liability for costs of the proceedings, subject to further order of the Court.' 'Each of the plaintiff and...