HACHEM v CIMIJOTTA [1996] NSWCA 239

HACHEM v CIMIJOTTA [1996] NSWCA 239

The Attorney General is entitled to appear to address the issues in grounds one and two of the appeal, but whether that is as a party or as amicus curiae is reserved to the full Court of Appeal to determine.

Parties
Appellant: Hachem; Respondent: Cimijotta; Applicant for Intervention: Attorney General
Jurisdiction
Australia
Judgment Date
24 June 1996
Procedural Posture
Motion for Leave to Appear/intervene on Appeal / Preliminary/interlocutory Application in Appeal
Outcome
Application for leave to appear granted; Court reserves whether Attorney appears as party or amicus curiae; Costs reserved to the Court hearing the appeal.
Legal Topics
Case Management, Right to Intervene, Amicus Curiae, Adjournment, Natural Justice
Civil Procedure Case Management Right to Intervene Amicus Curiae Adjournment Natural Justice

Case Brief

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Parties

Hachem

Appellant

Cimijotta

Respondent

Attorney General

Applicant for Intervention

Procedural Posture

Motion for Leave to Appear/intervene on Appeal / Preliminary/interlocutory Application in Appeal

Legal Issues

  1. 1 Whether the Attorney General should be granted leave to appear in the appeal and on what basis (as party or amicus curiae)
  2. 2 Whether the Attorney's appearance should extend to one or both grounds of appeal
  3. 3 Whether rights or limitations attach to the role of amicus curiae

Ratio Decidendi

The Attorney General is entitled to appear to address the issues in grounds one and two of the appeal, but whether that is as a party or as amicus curiae is reserved to the full Court of Appeal to determine.

Court Disposition

Application for leave to appear granted; Court reserves whether Attorney appears as party or amicus curiae; Costs reserved to the Court hearing the appeal.

Orders

  • Attorney is entitled to appear and make submissions on both specified grounds of the appeal.
  • Final character of appearance (as party or as amicus curiae) reserved to Court of Appeal.