Inghams Enterprises P/L v Iogha & 4 Ors [2005] NSWSC 842

New South Wales Supreme Court

CITATION : Inghams Enterprises P/L v Iogha & 4 Ors [2005] NSWSC 842

HEARING DATE(S) : 22 August 2005

JUDGMENT DATE : 25 August 2005

JURISDICTION : Common Law Division - Administrative Law List

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) The WorkCover Authority of New South Wales be joined as a defendant in the proceedings pursuant to r 6.24 of the UCPR; (2) The whole of the decision of Assistant Deputy Registrar Walton dated 3 June 2005, dismissing the notice of motion filed by WorkCover on 9 March 2005 for joinder as a defendant in these proceedings, is set aside; (3) No order as to costs both before the Registrar and before me.

CATCHWORDS : Join WorkCover as a party - review

Uniform Civil Procedure Rules 2005 - R 6.24.1 LEGISLATION CITED : Workplace Injury Management and Workers Compensation Act 1988 - s 327(3)

Australian Railways Union v The Victoria Railways Commissioners and Others (1930) 44 CLR 319 Campbelltown City Council v Vegan [2004] NSWSC 1129 Holloway v Chairperson of the Residential Tribunal [2001] NSWCA 209 CASES CITED : R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 Southern Cross Pipelines Australia Pty Ltd & Ors v Kenneth Comninos Michael Western Australian Independent Gas Pipelines Access Regulator & Anor [2002] WASC 149 (12 June 2002) State of Victoria v Sutton (1998) 195 CLR 291 United States Tobacco Co v Minister for Consumer Affairs & Ors (1988) 20 FCR 520

Inghams Enterprises Pty Ltd (Plaintiff)

Diane Allison Iogha (First Defendant)