Quach v Marks [2022] FCA 511

Quach v Marks [2022] FCA 511

The Attorney-General for New South Wales has a direct interest in maintaining judgments below where he intervened, obtained costs, or where his status is challenged, making his joinder as respondent proper and necessary in the appellate proceedings; none of the applicant's objections provide a sound basis against such joinder.

Jurisdiction
Australia
Judgment Date
10 May 2022
Procedural Posture
Interlocutory Applications in Appellate Proceedings / Application for Joinder as Respondent in Applications for Extension of Time and Leave to Appeal
Outcome
Applications for joinder as respondent granted. Orders made for future conduct of the proceedings and for payment of costs by applicant.
Legal Topics
['joinder of Parties' 'leave to Appeal' 'extension of Time' 'appellate Procedure']
['practice and Procedure'] ['joinder of Parties' 'leave to Appeal' 'extension of Time' 'appellate Procedure']

Case Brief

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Procedural Posture

Interlocutory Applications in Appellate Proceedings / Application for Joinder as Respondent in Applications for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the Attorney-General for New South Wales should be joined as a respondent in ACD 25 of 2021 and ACD 57 of 2021.']

Ratio Decidendi

The Attorney-General for New South Wales has a direct interest in maintaining judgments below where he intervened, obtained costs, or where his status is challenged, making his joinder as respondent proper and necessary in the appellate proceedings; none of the applicant's objections provide a sound basis against such joinder.

Court Disposition

Applications for joinder as respondent granted. Orders made for future conduct of the proceedings and for payment of costs by applicant.

Orders

  • ['The Attorney-General for New South Wales is joined as respondent in both proceedings.' 'Timetable set for filing affidavits and submissions by applicant and Attorney-General.' 'Each application to be listed for hearing on a date to be fixed.' 'The applicant to pay the costs of the Attorney-General in respect of...