Matar v Neutral Bay Foodhall [1996] IRCA 332

Matar v Neutral Bay Foodhall [1996] IRCA 332

The Judicial Registrar's task of determining the joinder application was complete, making the order reviewable. There is insufficient evidence that Joseph Hekeik was the employer at the relevant time or that his joinder was necessary; thus, his inclusion as a respondent is improper and the joinder order should be set aside as regards Mr Hekeik.

Parties
Applicant: Ghasi Matar; First Respondent: Neutral Bay Foodhall; Second Respondent: Induson Pty Limited; Third Respondent: Joseph Hekeik; Fourth Respondent: Glen William Hickey
Jurisdiction
Australia
Judgment Date
26 July 1996
Procedural Posture
Review of Interlocutory Order / Post Interlocutory Order, Review Before Judge
Outcome
The joinder order of Joseph Hekeik as third respondent is set aside; no costs order is made.
Legal Topics
Judicial Registrar Review, Joinder of Parties, Unlawful Termination of Employment
Industrial Law Judicial Registrar Review Joinder of Parties Unlawful Termination of Employment

Case Brief

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Parties

Ghasi Matar

Applicant

Neutral Bay Foodhall

First Respondent

Induson Pty Limited

Second Respondent

Joseph Hekeik

Third Respondent

Glen William Hickey

Fourth Respondent

Procedural Posture

Review of Interlocutory Order / Post Interlocutory Order, Review Before Judge

Legal Issues

  1. 1 Whether an interlocutory order by Judicial Registrar regarding joinder of a party is reviewable prior to final determination
  2. 2 Whether Mr Joseph Hekeik ought to have been joined as a respondent to the principal proceeding

Ratio Decidendi

The Judicial Registrar's task of determining the joinder application was complete, making the order reviewable. There is insufficient evidence that Joseph Hekeik was the employer at the relevant time or that his joinder was necessary; thus, his inclusion as a respondent is improper and the joinder order should be set aside as regards Mr Hekeik.

Court Disposition

The joinder order of Joseph Hekeik as third respondent is set aside; no costs order is made.

Orders

  • The order for joinder of additional respondents made by Judicial Registrar Tomlinson on 15 April 1996 be varied by deleting the order that Joseph Hekeik be joined as third respondent.
  • No costs order is made.