Rozier v Lutheran Aged Care on the Central Coast Inc [2002] NSWIRComm 231

Rozier v Lutheran Aged Care on the Central Coast Inc [2002] NSWIRComm 231

It was not established on the evidence that Mr Zids and the members of the NSW District congregations have the necessary community of interest for representative joinder; however the Lutheran Church of Australia Incorporated had a sufficient real connection to the contract and the Lisarow Gardens project to be properly joined as a respondent.

Parties
Applicant: Michael Ernest Rozier; First Respondent: Lutheran Aged Care on the Central Coast Incorporated; Second Respondent: Lutheran Church of Australia (New South Wales District) Property Trust; Third Respondent: Bendigo Bank Ltd; Fourth Respondent: Lutheran Church of Australia Incorporated
Jurisdiction
Australia
Judgment Date
26 September 2002
Procedural Posture
Unfair Contract Claim Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Joinder of Respondents
Outcome
Application to join Lutheran Church granted; application to join Mr Zids as representative respondent dismissed; costs reserved.
Legal Topics
Unfair Contracts, Joinder of Parties, Representative Actions, Unincorporated Associations
Industrial Relations Associations Law Unfair Contracts Joinder of Parties Representative Actions Unincorporated Associations

Case Brief

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Parties

Michael Ernest Rozier

Applicant

Lutheran Aged Care on the Central Coast Incorporated

First Respondent

Lutheran Church of Australia (New South Wales District) Property Trust

Second Respondent

Bendigo Bank Ltd

Third Respondent

Lutheran Church of Australia Incorporated

Fourth Respondent

Procedural Posture

Unfair Contract Claim Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Joinder of Respondents

Legal Issues

  1. 1 Whether a representative order should be made joining Mr Zids as a respondent for the NSW District
  2. 2 Whether the Lutheran Church of Australia Incorporated should be joined as a respondent due to its connection with the contract

Ratio Decidendi

It was not established on the evidence that Mr Zids and the members of the NSW District congregations have the necessary community of interest for representative joinder; however the Lutheran Church of Australia Incorporated had a sufficient real connection to the contract and the Lisarow Gardens project to be properly joined as a respondent.

Court Disposition

Application to join Lutheran Church granted; application to join Mr Zids as representative respondent dismissed; costs reserved.

Orders

  • Lutheran Church of Australia Incorporated is joined as a respondent in the proceedings.
  • Application to join Gaidis Zids as a representative of the Lutheran Church of Australia (New South Wales District) and respondent is dismissed.