Marium v Registrar Local Court Blacktown & Ors [2022] NSWSC 528

Marium v Registrar Local Court Blacktown & Ors [2022] NSWSC 528

Leave to intervene was granted because the proceedings challenged a decision concerning the administration of justice, the first and third respondents had filed submitting appearances consistently with Hardiman, the Attorney General was the appropriate public officer to represent the public interest in the administration of justice, and intervention would provide an active contradictor to assist the Court on contested factual and legal issues, including serious allegations of impropriety made by the plaintiff.

Jurisdiction
Australia
Judgment Date
03 May 2022
Procedural Posture
Judicial Review Challenge to Decision of Registrar Local Court / Notice of Motion by the Attorney General for NSW Seeking Leave to Intervene
Outcome
The Attorney General for NSW's application for leave to intervene was granted, with costs in the cause.
Legal Topics
['judicial Review' 'intervention' 'joinder' 'inherent Jurisdiction' 'submitting Appearance' 'hardiman Principle' 'administration of Justice']
['administrative Law' 'civil Procedure'] ['judicial Review' 'intervention' 'joinder' 'inherent Jurisdiction' 'submitting Appearance' 'hardiman Principle' 'administration of Justice']

Case Brief

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Procedural Posture

Judicial Review Challenge to Decision of Registrar Local Court / Notice of Motion by the Attorney General for NSW Seeking Leave to Intervene

Legal Issues

  1. 1 ["Whether the Attorney General for NSW should be granted leave to intervene in proceedings challenging a decision of the Registrar of the Blacktown Local Court not to list the plaintiff's notice of motion in criminal proceedings." "Whether the Court's power to permit intervention arose from s 23 of the Supreme Court Act 1970 (NSW), inherent jurisdiction and r 6.24(1) of the Uniform Civil Procedure Rules 2005, rather than s 78A of the Judiciary Act 1903 (Cth)." 'Whether intervention was appropriate where the first, third and fourth respondents had filed submitting appearances and serious allegations of impropriety had been made by the plaintiff.']

Ratio Decidendi

Leave to intervene was granted because the proceedings challenged a decision concerning the administration of justice, the first and third respondents had filed submitting appearances consistently with Hardiman, the Attorney General was the appropriate public officer to represent the public interest in the administration of justice, and intervention would provide an active contradictor to assist the Court on contested factual and legal issues, including serious allegations of impropriety made by the plaintiff.

Court Disposition

The Attorney General for NSW's application for leave to intervene was granted, with costs in the cause.

Orders

  • ['The application should be granted in the terms proposed in the motion.' 'Costs should be in the cause.' 'The Attorney General shall bring in Short Minutes of Order reflecting this judgment by 4pm on Wednesday 4 May 2022.']