Tanwar v Aslam [2022] NSWCA 149

Tanwar v Aslam [2022] NSWCA 149

Mr Ghazi should be removed as a party to the appeal, in accordance with UCPR r 7.10(2)(a), as joinder of his estate would entail delay and expense without being necessary to resolve the appeal. Multiple permutations exist in which his estate's participation is unnecessary, and the course best consistent with s 56 of the Civil Procedure Act is to proceed without the third respondent.

Jurisdiction
Australia
Judgment Date
08 August 2022
Procedural Posture
Appeal / Interlocutory Directions
Outcome
Third respondent removed as party; directions for submissions and case management; liberty to apply granted to Nominal Insurer.
Legal Topics
['joinder and Removal of Parties' 'death of Party' 'workers Compensation' 'directions']
['civil Procedure'] ['joinder and Removal of Parties' 'death of Party' 'workers Compensation' 'directions']

Case Brief

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Procedural Posture

Appeal / Interlocutory Directions

Legal Issues

  1. 1 ['Whether third respondent (deceased) should be removed as a party to the appeal' 'Consequences for insurers and liability depending on outcome of appeal regarding employer status and injury findings']

Ratio Decidendi

Mr Ghazi should be removed as a party to the appeal, in accordance with UCPR r 7.10(2)(a), as joinder of his estate would entail delay and expense without being necessary to resolve the appeal. Multiple permutations exist in which his estate's participation is unnecessary, and the course best consistent with s 56 of the Civil Procedure Act is to proceed without the third respondent.

Court Disposition

Third respondent removed as party; directions for submissions and case management; liberty to apply granted to Nominal Insurer.

Orders

  • ['First and second respondents to file and serve submissions on or before Monday 22 August 2022.' "Stand the appeal over for directions in the Registrar's list on Wednesday 24 August 2022 with a view to allocation of a date." 'Grant leave to the Workers Compensation Nominal Insurer to relist the appeal before the...