Green v The New South Wales Bar Association [2020] NSWSC 1575

Green v The New South Wales Bar Association [2020] NSWSC 1575

The New South Wales Bar Association was unnecessarily joined as a party to the proceedings because the summons made no complaint nor sought relief against it. The Association played no role in the decision being reviewed and had no legal or factual connection to the claim. Its continued participation as a party was therefore unjustified, warranting its removal pursuant to Rule 6.29 of the Uniform Civil Procedure Rules 2005 (NSW). Indemnity costs were ordered due to the plaintiff’s refusal to remove the Association after repeated requests and warnings.

Jurisdiction
Australia
Judgment Date
22 October 2020
Procedural Posture
Judicial Review / Interlocutory Motion: Removal of Party and Costs
Outcome
First defendant removed as party; costs order against plaintiff
Legal Topics
['judicial Review' 'admission as Solicitor' 'removal of Party' 'costs']
['civil Law'] ['judicial Review' 'admission as Solicitor' 'removal of Party' 'costs']

Case Brief

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Procedural Posture

Judicial Review / Interlocutory Motion: Removal of Party and Costs

Legal Issues

  1. 1 ['Whether the New South Wales Bar Association was properly joined as a party to the proceedings' 'Whether the New South Wales Bar Association should be removed as a party under Rule 6.29 of the Uniform Civil Procedure Rules 2005 (NSW)' 'On what basis costs should be ordered upon removal of a party']

Ratio Decidendi

The New South Wales Bar Association was unnecessarily joined as a party to the proceedings because the summons made no complaint nor sought relief against it. The Association played no role in the decision being reviewed and had no legal or factual connection to the claim. Its continued participation as a party was therefore unjustified, warranting its removal pursuant to Rule 6.29 of the Uniform Civil Procedure Rules 2005 (NSW). Indemnity costs were ordered due to the plaintiff’s refusal to remove the Association after repeated requests and warnings.

Court Disposition

First defendant removed as party; costs order against plaintiff

Orders

  • ['Pursuant to Rule 6.29 of the Uniform Civil Procedure Rules, the first defendant is to be removed as a party to these proceedings.' 'Costs on an ordinary basis up to, but not including 3 June 2020, and costs on an indemnity basis, on and from 3 June 2020, in favour of the New South Wales Bar Association against the...