Tanwar v Aslam [2022] NSWCA 149

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tanwar v Aslam [2022] NSWCA 149 Hearing dates: 08 August 2022 Decision date: 08 August 2022 Before: Leeming JA Decision: 1. Direct that the first and second respondents file and serve their submissions on the appeal on or before Monday 22 August 2022. 2. Stand the appeal over for directions in the Registrar's list on Wednesday 24 August 2022 with a view to its being allocated a date. 3. Grant leave to the Workers Compensation Nominal Insurer to relist the appeal before me for further directions if in the next seven days it forms the view that Mr Ghazi or his estate should continue as a respondent to the appeal. 4. Remove the third respondent as a party to the appeal, this order having effect from Tuesday 16 August 2022. Note that the effect of such order will not be to create any issue estoppel or res judicata against Mr Ghazi or his estate. Catchwords: PRACTICE – parties – misjoinder – third respondent to appeal died after appeal commenced – appellant challenged findings that worker was injured and that appellant was employer – third respondent contingently liable in event that appellant established that third respondent was the deemed employer – neither appellant nor third respondent had paid workers compensation insurance premiums – Nominal Insurer liable to indemnify worker but entitled to recovery from employer – risk that estate of third respondent might contest Nominal Insurer's entitlement to recover if not joined to this litigation – certainty that joinder of third respondent's estate would involve expense and time – many circumstances in which joinder would serve no end – third respondent removed from proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Probate Act 1898 (NSW), 69 Supreme Court Rules 1970 (NSW), Pt 78 r 55 Uniform Civil Procedure Rules 2005 (NSW), r 6.30, 7.10 Workers Compensation Act 1987 (NSW), s 145 Workplace Injury Management and Workers Compensation Act 1998 (NSW), Sch 1, cl 10 Cases Cited: Tanwar v Aslam [2021] NSWPICPD 30 Category: Procedural rulings Parties: Ramesh Tanwar (Appellant) Farooq Aslam (First Respondent) Workers Compensation Nominal Insurer (Second Respondent) Abdul Hameed Ghazi (Third Respondent) Representation: Counsel: Appellant in person F D Curran (First Respondent) R Hanrahan (Second Respondent)