Wojciechowska v Secretary, Department of Communities and Justice [2024] NSWCA 189

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wojciechowska v Secretary, Department of Communities and Justice [2024] NSWCA 189 Hearing dates: 29 July 2024 Date of orders: 29 July 2024 Decision date: 31 July 2024 Before: Adamson JA Decision: (1) The sixth respondent, Lily Szeto, be removed as a party to the proceedings. (2) Order the applicant, Paulina Wojciechowska, to pay the costs of the first respondent, the Secretary, Department of Communities and Justice, and of the sixth respondent, Lily Szeto, of the notice of motion filed on 5 June 2024. Catchwords: CIVIL PROCEDURE — parties — removal of parties — application to remove employee of the registry of the New South Wales Civil and Administrative Tribunal (NCAT) as party to proceedings — where claim was for judicial review of an NCAT decision — whether employee was a necessary and proper party Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 9, 27, 55, 89 Civil Procedure Act 2005 (NSW), s 56 Evidence Act 1995 (NSW), s 75 Government Information (Public Access) Act 2009 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 6.19, 42.1, 51.1, 51.4, Pt 51 Cases Cited: Kaldas v Barbour (2017) 107 NSWLR 341; [2017] NSWCA 275 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Wojciechowska v Secretary, Department of Communities and Justice [2021] NSWCATAD 298 Category: Procedural rulings Parties: Paulina Wojciechowska (Applicant) Secretary, Department of Communities and Justice (First Respondent) New South Wales Civil and Administrative Tribunal (Second Respondent) President of the NSW Civil and Administrative Tribunal (Third Respondent) Not applicable (Fourth Respondent) Not applicable (Fifth Respondent) Lily Szeto (Sixth Respondent) Representation: Counsel: Applicant (self-represented) C Winnett (Respondents)