FRASER v PRESIDENT, ANTI-DISCRIMINATION BOARD & ANOR [1999] NSWSC 1229
Stephen Morris ought to be joined as a party to the proceedings because he has a direct interest, faces possible adverse findings and liability, and his joinder is necessary to ensure all matters in dispute are adjudicated; exclusion would subject him to grave injustice.
- Parties
- Plaintiff: Courtney Jane Fraser; First Defendant: President of the Anti-Discrimination Board; Second Defendant: The University of Sydney; Applicant: Stephen Morris
- Jurisdiction
- Australia
- Judgment Date
- 09 December 1999
- Procedural Posture
- Civil / Application for Joinder as Party to Proceedings
- Outcome
- application granted to join applicant as party to the proceedings
- Legal Topics
- Application to Be Joined, Ancillary Liability, Aiding and Abetting, Extension of Time, Party Joinder
Case Brief
Summary, issues, holding and outcome
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Parties
Courtney Jane Fraser
Plaintiff
President of the Anti-Discrimination Board
First Defendant
The University of Sydney
Second Defendant
Stephen Morris
Applicant
Procedural Posture
Civil / Application for Joinder as Party to Proceedings
Legal Issues
- 1 Whether Stephen Morris ought to be joined as a party to the proceedings for review under Pt8 r8 Supreme Court Rules
- 2 Whether Morris has a direct interest and faces possible liability under s52 of Anti-Discrimination Act 1997
Ratio Decidendi
Stephen Morris ought to be joined as a party to the proceedings because he has a direct interest, faces possible adverse findings and liability, and his joinder is necessary to ensure all matters in dispute are adjudicated; exclusion would subject him to grave injustice.
Court Disposition
application granted to join applicant as party to the proceedings
Orders
- Stephen Morris is joined as a party to the proceedings.
- Costs in favour of the applicant against Courtney Jane Fraser in respect of the Notice of Motion.
Full Case Text
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