Westbury v The Owners – Strata Plan No 64061 [2020] NSWCATEN 2

Westbury v The Owners – Strata Plan No 64061 [2020] NSWCATEN 2

Mr Harrigan is not a necessary or proper party for joinder. Any penalty imposed would not directly affect his rights or liabilities as a lot owner; instead, his interests are affected only indirectly via general operation of law. There is no evidence the respondent was inadequately represented, or that joinder is necessary or appropriate. The application for joinder is therefore dismissed.

Parties
Applicants: Garth Westbury & Margaret Westbury; Respondent: The Owners – Strata Plan No 64061; Applicant for Joinder: Christopher Ian Harrigan
Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Civil Penalty / Enforcement / Procedural Ruling on Joinder Application
Outcome
Joinder application dismissed
Legal Topics
Joinder of Parties, Civil Penalties, Practice and Procedure, Owners Corporations
Civil Procedure Strata Law Joinder of Parties Civil Penalties Practice and Procedure Owners Corporations

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Parties

Garth Westbury & Margaret Westbury

Applicants

The Owners – Strata Plan No 64061

Respondent

Christopher Ian Harrigan

Applicant for Joinder

Procedural Posture

Civil Penalty / Enforcement / Procedural Ruling on Joinder Application

Legal Issues

  1. 1 Whether Mr Christopher Harrigan should be joined as a party to civil penalty proceedings under s 44 of the Civil and Administrative Tribunal Act 2013 (NSW)

Ratio Decidendi

Mr Harrigan is not a necessary or proper party for joinder. Any penalty imposed would not directly affect his rights or liabilities as a lot owner; instead, his interests are affected only indirectly via general operation of law. There is no evidence the respondent was inadequately represented, or that joinder is necessary or appropriate. The application for joinder is therefore dismissed.

Court Disposition

Joinder application dismissed

Orders

  • The application by Mr Christopher Ian Harrigan to be joined as a party to these proceedings is dismissed.