Stonham v Speaker of the Legislative Assembly of New South Wales (No 4) [2001] NSWIRComm 277

Stonham v Speaker of the Legislative Assembly of New South Wales (No 4) [2001] NSWIRComm 277

Ms Harrison was joined because, on the pleadings and supporting material at this interlocutory stage, she had a necessary and sufficient connection with the subject matter of the alleged s 106 unfair contract or arrangement: the applicant alleged that she worked in Ms Harrison's electorate office under Ms Harrison's direction and that Ms Harrison participated in or was an actor in the performance of the impugned contract. The respondents' jurisdictional and no-cause arguments were not clearly demonstrated as a bar to joinder at this stage. The earlier joinder motion had been dismissed by consent without argument and did not create a res judicata or estoppel; in the particular...

Jurisdiction
Australia
Judgment Date
05 November 2001
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 Re Unfair Contract / Notice of Motion by the Applicant to Join Gabrielle Harrison as Second Respondent and for Leave to Move on an Amended Summons
Outcome
Motion allowed; Gabrielle Harrison joined as second respondent; leave granted to move on the amended summons; applicant ordered to pay the first and second respondents' costs of the motion.
Legal Topics
['unfair Contract' 'joinder of Parties' 'amendment of Proceedings' 'interlocutory Application' 'costs of Motion']
['industrial Relations' 'practice and Procedure' 'costs'] ['unfair Contract' 'joinder of Parties' 'amendment of Proceedings' 'interlocutory Application' 'costs of Motion']

Case Brief

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Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 Re Unfair Contract / Notice of Motion by the Applicant to Join Gabrielle Harrison as Second Respondent and for Leave to Move on an Amended Summons

Legal Issues

  1. 1 ["Whether Gabrielle Harrison should be joined as a second respondent to the applicant's s 106 unfair contract proceedings against the Speaker." 'Whether leave should be granted to the applicant to move on the amended summons filed on 19 September 2001.' 'Whether the earlier dismissal by consent of a joinder motion in July 1999 should prevent the present joinder application.' "Whether costs of the motion should be ordered notwithstanding the applicant's success on the motion."]

Ratio Decidendi

Ms Harrison was joined because, on the pleadings and supporting material at this interlocutory stage, she had a necessary and sufficient connection with the subject matter of the alleged s 106 unfair contract or arrangement: the applicant alleged that she worked in Ms Harrison's electorate office under Ms Harrison's direction and that Ms Harrison participated in or was an actor in the performance of the impugned contract. The respondents' jurisdictional and no-cause arguments were not clearly demonstrated as a bar to joinder at this stage. The earlier joinder motion had been dismissed by consent without argument and did not create a res judicata or estoppel; in the particular...

Court Disposition

Motion allowed; Gabrielle Harrison joined as second respondent; leave granted to move on the amended summons; applicant ordered to pay the first and second respondents' costs of the motion.

Orders

  • ['Gabrielle Harrison is joined as a party to these proceedings.' 'The title of the proceedings and all documents associated therewith are amended to show "The Speaker of the Legislative Assembly of New South Wales" as the first respondent and "Gabrielle Harrison" as the second respondent.' 'Leave is granted to the...