Carr v The Secretary of the NSW Ministry of Health [2021] NSWSC 1467

Supreme Court New South Wales

Medium Neutral Citation: Carr v The Secretary of the NSW Ministry of Health [2021] NSWSC 1467 Hearing dates: 15 November 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Paul Carr is to be named as the first defendant in the proceedings. (2) Pursuant to UCPR r 59.3(4) the Secretary of the NSW Ministry of Health is to be named as the second defendant in the proceedings. (3) The question of whether the plaintiff should pay Paul Carr's costs of the Amended Notice of Motion filed on 22 September 2021 is reserved. (4) By consent, the Secretary of the NSW Ministry of Health, is to bear her own costs of the Amended Notice of Motion. (5) The parties are to confer regarding further necessary case management orders and to the extent possible are to agree on those orders by 9:00am Friday 19 November 2021. (6) The proceedings are listed before Lonergan J at 9:00am on Friday 19 November 2021 for further directions. Catchwords: CIVIL PROCEDURE – application by son of plaintiff to intervene in proceedings for judicial review of decision by the Secretary of the NSW Ministry of Health - application for joinder – whether joinder proper or necessary – interested party in judicial review proceedings – application granted Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (NSW) Civil Procedure Act 2005 (NSW) Coroners Act 2009 (NSW) Public Health Act 2010 (NSW), s 134(2) Public Health Regulation 2012 (NSW), cl 69 to 71 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 59.3, 6.24 Cases Cited: Kirk v Industrial Court (NSW) (2010) 239 CLR 531; [2010] HCA 1 Levy v The State of Victoria & Ors (1997) 189 CLR 579; [1997] HCA 31 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Qantas Airways v A.F. Liddle Pty Limited [1981] 2 NSWLR 34 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13 Texts Cited: -- Category: Procedural rulings Parties: Johanna Carr (Plaintiff) The Secretary of the NSW Ministry of Health (Defendant) Paul Carr (Proposed Defendant/Intervener) Representation: Counsel: E Vuu (Proposed Defendant/Intervener) M Pulsford (Defendant)