FRASER v PRESIDENT, ANTI-DISCRIMINATION BOARD & ANOR [1999] NSWSC 1229

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

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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

  1. 1 Whether Stephen Morris ought to be joined as a party to the proceedings for review under Pt8 r8 Supreme Court Rules
  2. 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.