Hillier v Martin (No 13) [2022] FCA 939

Hillier v Martin (No 13) [2022] FCA 939

Mr Martin, as a non-party against whom no relief is sought and whose interests are not directly bound by the orders or proposed orders, does not have standing to bring his interlocutory application seeking to re-open argument or to be granted leave to appear and make submissions on the applicant's interlocutory application. Allegations in the proposed statement of claim and potential future effects do not establish standing at this stage; such interests are protected if and when adverse findings or relief are sought against him at trial.

Jurisdiction
Australia
Judgment Date
18 August 2022
Procedural Posture
Interlocutory Application / Application by a Non Party to Re Open Argument and for Leave to Appear; Decision on Standing
Outcome
Application dismissed
Legal Topics
['standing of Non Party' 'interlocutory Applications' 'joinder of Parties']
['practice and Procedure'] ['standing of Non Party' 'interlocutory Applications' 'joinder of Parties']

Case Brief

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Procedural Posture

Interlocutory Application / Application by a Non Party to Re Open Argument and for Leave to Appear; Decision on Standing

Legal Issues

  1. 1 ["Whether a non-party has standing to bring an interlocutory application seeking to reopen argument on the applicant's interlocutory application to join parties and amend pleadings"]

Ratio Decidendi

Mr Martin, as a non-party against whom no relief is sought and whose interests are not directly bound by the orders or proposed orders, does not have standing to bring his interlocutory application seeking to re-open argument or to be granted leave to appear and make submissions on the applicant's interlocutory application. Allegations in the proposed statement of claim and potential future effects do not establish standing at this stage; such interests are protected if and when adverse findings or relief are sought against him at trial.

Court Disposition

Application dismissed

Orders

  • ["The non-party's application filed on 21 July 2022 is dismissed."]