Buckley v Independent Liquor & Gaming Authority [2016] NSWSC 760

Buckley v Independent Liquor & Gaming Authority [2016] NSWSC 760

The Secretary should be joined as a defendant to act as a contradictor to the plaintiff's claims regarding the unlawfulness of the Authority's decision, given the Authority's submitting appearance and absence of another contradictor, and a partial costs protection order should be made to protect the plaintiff from exposure to a costs order in favour of the Secretary until further order.

Jurisdiction
Australia
Judgment Date
10 June 2016
Procedural Posture
Application for Joinder / Interlocutory
Outcome
Application granted; Secretary joined as defendant; directions made for future management; costs protection order for plaintiff.
Legal Topics
['joinder of Parties' 'amicus Curiae' 'costs Protection']
['practice and Procedure'] ['joinder of Parties' 'amicus Curiae' 'costs Protection']

Case Brief

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Procedural Posture

Application for Joinder / Interlocutory

Legal Issues

  1. 1 ['Whether the Secretary of the Department of Justice should be joined as a party or permitted to appear as amicus curiae' "Whether a costs protection order should be made for Mr Buckley against the Secretary's costs"]

Ratio Decidendi

The Secretary should be joined as a defendant to act as a contradictor to the plaintiff's claims regarding the unlawfulness of the Authority's decision, given the Authority's submitting appearance and absence of another contradictor, and a partial costs protection order should be made to protect the plaintiff from exposure to a costs order in favour of the Secretary until further order.

Court Disposition

Application granted; Secretary joined as defendant; directions made for future management; costs protection order for plaintiff.

Orders

  • ['The Secretary of the Department of Justice is joined to the proceedings as a defendant.' 'Until further order of a judge of this Court, there is to be no order whereby the plaintiff, Mr Buckley, must pay any legal costs of the Secretary of the Department of Justice.' 'The matter is listed for directions before the...