Horner v West and ors (EOD) [2008] NSWADTAP 3

Horner v West and ors (EOD) [2008] NSWADTAP 3

Leave to appeal against the Tribunal's interlocutory decision to join Mr Horner as a party is refused because the decision is not attended with sufficient doubt to warrant reconsideration and no substantial injustice would result from refusal. The Tribunal acted within its powers and did not breach procedural fairness.

Jurisdiction
Australia
Judgment Date
24 January 2008
Procedural Posture
Appeal / Leave to Appeal (interlocutory)
Outcome
leave to appeal refused
Legal Topics
['joinder of Parties' 'procedural Fairness' 'appeals Interlocutory Decisions']
['administrative Law' 'anti Discrimination Law' 'civil Procedure'] ['joinder of Parties' 'procedural Fairness' 'appeals Interlocutory Decisions']

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Procedural Posture

Appeal / Leave to Appeal (interlocutory)

Legal Issues

  1. 1 ['Whether the Tribunal erred in law in joining Mr Horner as a party to the proceedings on the application of another party' "Whether procedural fairness was denied to Mr Horner in the Tribunal's decision to determine joinder 'on the papers' without providing certain documents"]

Ratio Decidendi

Leave to appeal against the Tribunal's interlocutory decision to join Mr Horner as a party is refused because the decision is not attended with sufficient doubt to warrant reconsideration and no substantial injustice would result from refusal. The Tribunal acted within its powers and did not breach procedural fairness.

Court Disposition

leave to appeal refused

Orders

  • ["Leave to appeal against the Tribunal's decision to join Mr Horner as a party to the proceedings is refused."]