AAI Limited trading as GIO v Evic & Ors [2024] NSWSC 629

Supreme Court New South Wales

Medium Neutral Citation: AAI Limited trading as GIO v Evic & Ors [2024] NSWSC 629 Hearing dates: 23 May 2024 Date of orders: 23 May 2024 Decision date: 23 May 2024 Jurisdiction: Common Law Before: Weinstein J Decision: (1) The Attorney General for New South Wales be joined to the proceedings as fourth defendant pursuant to rule 6.24(1) of the Uniform Civil Procedure Rules 2005 on the basis that he bear his own costs and bear no liability for costs of the proceedings, subject to further order of the Court. (2) Each of the plaintiff and the Attorney General for New South Wales pay its and his own costs of the motion. Catchwords: CIVIL PROCEDURE – joinder – whether the Attorney General for New South Wales is a necessary party – no question of principle – orders made Legislation Cited: Motor Accident Injuries Act 2017 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Attorney General (Qld) v Holland (1912) 15 CLR 46; [1912] HCA 26 Axiak v Ingram (2012) 82 NSWLR; [2012] NSWCA 311 Buckley v Independent Liquor & Gaming Authority [2016] NSWSC 760 Samer Fatoula v GIO t/as AAMI (PIC no. M10559214/23) Tonto Home Loans Australia Pty Ltd v Tavares; FirstMac Ltd v Di Benedetto; FirstMac Ltd v O'Donnell (No 2) [2012] NSWCA 129 Category: Procedural rulings Parties: AAI Limited trading as GIO (Plaintiff/Respondent) John Gerard Evic (First Defendant) Bridie Nolan in her capacity as a Member of the Personal Injury Commission of New South Wales (Second Defendant) The President of the Personal Injury Commission of New South Wales (Third Defendant) Attorney General for New South Wales (Applicant) Representation: Counsel: J Davidson (Applicant)