CARSON v LEGAL SERVICES COMMISSIONER (NO 1) [1997] NSWCA 61

CARSON v LEGAL SERVICES COMMISSIONER (NO 1) [1997] NSWCA 61

No ground was shown for adding Mr Rajski as a party for any purpose; the proceedings concerned acts or omissions of the first opponent, and Mr Rajski demonstrated no right or claim justifying joinder. Nor was his participation as amicus curiae necessary or desirable.

Parties
Claimant: Nicholas Roderick Carson; First Opponent: Legal Services Commissioner; Second Opponent: Legal Services Tribunal; Applicant for Joinder/amicus: Leszek Rajski
Jurisdiction
Australia
Judgment Date
29 August 1997
Procedural Posture
Civil Application / Interlocutory Motion for Joinder/amicus
Outcome
Application by Mr Rajski for joinder as party or amicus curiae dismissed
Legal Topics
Joinder of Parties, Amicus Curiae, Judicial Disqualification
Civil Procedure Joinder of Parties Amicus Curiae Judicial Disqualification

Case Brief

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Parties

Nicholas Roderick Carson

Claimant

Legal Services Commissioner

First Opponent

Legal Services Tribunal

Second Opponent

Leszek Rajski

Applicant for Joinder/amicus

Procedural Posture

Civil Application / Interlocutory Motion for Joinder/amicus

Legal Issues

  1. 1 Whether Mr Rajski should be added as a party for the purpose of seeking orders regarding bench composition
  2. 2 Whether Mr Rajski should be permitted to appear as amicus curiae

Ratio Decidendi

No ground was shown for adding Mr Rajski as a party for any purpose; the proceedings concerned acts or omissions of the first opponent, and Mr Rajski demonstrated no right or claim justifying joinder. Nor was his participation as amicus curiae necessary or desirable.

Court Disposition

Application by Mr Rajski for joinder as party or amicus curiae dismissed

Orders

  • Application by Mr Rajski to be joined as party dismissed
  • Application by Mr Rajski to appear as amicus curiae dismissed