Carr v The Secretary of the NSW Ministry of Health [2021] NSWSC 1467

Carr v The Secretary of the NSW Ministry of Health [2021] NSWSC 1467

Paul Carr was to be joined as a defendant because the Secretary's refusal arose from a real dispute between the plaintiff and objecting family members, including Mr Carr, and he was interested in maintaining that decision for the purposes of UCPR r 59.3. He also ought to have been joined under UCPR r 6.24 because his asserted interest in Lore, custom and Culture concerning his father and brother, and his evidence about continuing family opposition, could be relevant to relief, futility, or any final determination if jurisdictional error were established.

Jurisdiction
Australia
Judgment Date
17 November 2021
Procedural Posture
Application in Judicial Review Proceedings for Joinder as Defendant or Leave to Intervene / Amended Notice of Motion Filed on 22 September 2021 Heard in the Duty Judge List
Outcome
Application granted; Paul Carr was ordered to be named as the first defendant and the Secretary as the second defendant, with costs between the plaintiff and Paul Carr reserved.
Legal Topics
['joinder of Parties' 'intervention' 'interested Party in Judicial Review Proceedings' 'exhumation Approval' 'certiorari' 'wednesbury Unreasonableness' 'irrelevant Considerations']
['civil Procedure' 'administrative Law' 'judicial Review' 'public Health'] ['joinder of Parties' 'intervention' 'interested Party in Judicial Review Proceedings' 'exhumation Approval' 'certiorari' 'wednesbury Unreasonableness' 'irrelevant Considerations']

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Procedural Posture

Application in Judicial Review Proceedings for Joinder as Defendant or Leave to Intervene / Amended Notice of Motion Filed on 22 September 2021 Heard in the Duty Judge List

Legal Issues

  1. 1 ['Whether Paul Carr should be added as a defendant to the judicial review proceedings under UCPR rr 59.3 and 6.24.' "Whether Paul Carr was a party interested in maintaining the Secretary's decision refusing approval to exhume remains." "Whether Paul Carr's evidence and submissions could be relevant to relief, including futility or final determination if jurisdictional error were established."]

Ratio Decidendi

Paul Carr was to be joined as a defendant because the Secretary's refusal arose from a real dispute between the plaintiff and objecting family members, including Mr Carr, and he was interested in maintaining that decision for the purposes of UCPR r 59.3. He also ought to have been joined under UCPR r 6.24 because his asserted interest in Lore, custom and Culture concerning his father and brother, and his evidence about continuing family opposition, could be relevant to relief, futility, or any final determination if jurisdictional error were established.

Court Disposition

Application granted; Paul Carr was ordered to be named as the first defendant and the Secretary as the second defendant, with costs between the plaintiff and Paul Carr reserved.

Orders

  • ['Paul Carr is to be named as the first defendant in the proceedings.' 'Pursuant to UCPR r 59.3(4) the Secretary of the NSW Ministry of Health is to be named as the second defendant in the proceedings.' "The question of whether the plaintiff should pay Paul Carr's costs of the Amended Notice of Motion filed on 22...