Samad and the Barbara Street Clinic v The Council of the City of Fairfield, The D-G of the NSW Health Department and the District Court of New South Wales [1999] NSWCA 349

New South Wales Court of Appeal CITATION : Samad and the Barbara Street Clinic v The Council of the City of Fairfield, The D-G of the NSW Health Department and the District Court of New South Wales [1999] NSWCA 349 revised - 27/06/2000 FILE NUMBER(S) : CA 40567/99 HEARING DATE(S) : 12 August 1999 JUDGMENT DATE : 2 September 1999

PARTIES : Dr Abides SAMAD, Mary SAMAD and the BARBARA STREET CLINIC v THE COUNCIL OF THE CITY OF FAIRFILED, THE DIRECTOR GENERAL OF THE NSW HEALTH DEPARTMENT and the DISTRICT COURT OF NEW SOUTH WALES JUDGMENT OF : Priestley JA at 1; Meagher JA at 7; Fitzgerald JA at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 453/99 LOWER COURT JUDICIAL OFFICER : Bell DCJ

Claimant: M.L.D. Einfield QC/G.L. Turner COUNSEL : First Opponent: A A J Thompson Second Opponent: J A Ayling Claimant: Tzovaras Yandell SOLICITORS : First Opponent: Kenalco & Ritchie Second Opponent: Phillips Fox CATCHWORDS : Joinder, necessity, Part 7 r.8 District Court Rules - Part 8 r.8 Supreme Court Rules. DECISION : On Samad's summons: appeal allowed, the orders of Bell DCJ of 20 July 1999 be set aside, in lieu thereof the summons of the Council of the City of Fairfield to be joined be dismissed with costs, the respondents pay the costs of the appellant; On the Council's cross summons: summons be dismissed with costs.

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA: 40567/99

PRIESTLEY JA MEAGHER JA FITZGERALD JA

Friday 24 September 1999 Dr Abides SAMAD, Mary SAMAD and the BARBARA STREET CLINIC v THE DIRECTOR GENERAL OF THE NSW HEALTH DEPARTMENT and the DISTRICT COURT OF NEW SOUTH WALES