FEDERAL COURT OF AUSTRALIA
Hillier v Martin (No 13) [2022] FCA 939
File number(s): SAD 113 of 2020 Judgment of: O'SULLIVAN J Date of judgment: 18 August 2022 Catchwords: PRACTICE AND PROCEDURE – interlocutory application by the applicant filed 16 May 2022 to join parties and serve a further amended statement of claim – argument heard and decision reserved – subsequently a non-party brought an interlocutory application pursuant to r 9.05 of the Federal Court Rules 2011 (Cth) (FCR) seeking to reopen argument on applicant’s interlocutory application filed 16 May 2022 – non-party seeking leave to appear, make submissions and tender evidence on the applicant’s interlocutory application filed 16 May 2022 – whether non-party has standing to bring application – application dismissed Legislation: Evidence Act1995 (Cth), s 128
Federal Court Rules2011 (Cth), r 4.05(1)(a)
Cases cited: Ashby v Slipper [2014] FCAFC 15, (2014) 219 FCR 322
Grant v BHP Coal Pty Ltd [2015] FCA 329
Lawrie v Lawler [2016] NTCA 03, (2016) 168 NTR 1
Levy v Victoria [1997] HCA 31, (1997) 189 CLR 579
McAlister v New South Wales [2014] FCA 702, (2014) 223 FCR 1
Roadshow Films Pty Ltd v iiNet Ltd [2011] HCA 54, (2011) 248 CLR 37
Division: General Division Registry: South Australia National Practice Area: Commercial and Corporations Sub-area: Commercial Contracts, Banking, Finance and Insurance Number of paragraphs: 66 Dates of hearing: 27 July 2022, 9 August 2022 Counsel for the Applicant: Mr R J Whitington QC with Ms H Doyle Solicitor for the Applicant: Sykes Bidstrup Solicitor for the First and Second Respondents: Mr A Wright of Boylan Lawyers Counsel for the Interested Person: Mr T Martin in person ORDERS
SAD 113 of 2020 BETWEEN: JAMES HILLIER
Applicant
AND: VICTORIA MARTIN
First Respondent
NORDBURGER OPERATIONS PTY LTD
Second Respondent
ERIK VARI PTY LTD
Third Respondent
OTHER THOMAS PATRICK MARTIN
Interested person
ORDER MADE BY:
O'SULLIVAN J
DATE OF ORDER:
18 AUGUST 2022
THE COURT ORDERS THAT:
1.The non-party’s application filed on 21 July 2022 is dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
O’SULLIVAN J:
Introduction
By interlocutory application filed 21 July 2022, Thomas Patrick Martin (Mr Martin) seeks, amongst other things, that:
(a)Argument is re-opened on the applicant’s interlocutory application filed 16 May 2022 seeking the joinder of additional parties and leave to amend the pleadings in this action; and
(b)Mr Martin be granted leave, as an interested non-party, to appear at the hearing, make submissions and tender evidence on the applicant’s interlocutory application filed 16 May 2022.
Mr Martin, who is a legal practitioner, is not named as a party to these proceedings.
Background
On 16 May 2022, the applicant (Mr Hillier) filed an interlocutory application seeking, amongst other things:
(1)Leave to join Stephen Bradley Williams (Mr Williams), a legal practitioner and Norman Waterhouse Lawyers Pty Ltd as respondents to these proceedings; and
(2)Leave to file…
Continue reading Hillier v Martin (No 13)
Sign in free to access the full text
- AGLC
- Hillier v Martin (No 13) [2022] FCA 939
- Case
- [2022] FCA 939
- Decision Date
CaseChat Overview and Summary
The court was required to determine the scope of Mr Martin's standing to intervene in the proceedings, particularly in relation to the interlocutory application filed by Mr Hillier. It was necessary to consider whether Mr Martin's interest in the proceedings was sufficient to grant him standing to make an application to reopen the argument on Mr Hillier's joinder application. The court examined the Federal Court Rules and relevant case law to establish the criteria for standing and whether Mr Martin met those criteria. The court had to balance the rights of the parties involved and the potential impact of Mr Martin's intervention on the proceedings.
The court found that Mr Martin did not have standing to bring his interlocutory application. The court concluded that Mr Martin's interest in the proceedings was not sufficient to grant him standing as a non-party. The court reasoned that Mr Martin's application was an attempt to intervene in the proceedings without a direct connection to the dispute between the parties. The court also noted that Mr Martin did not seek relief against himself in the proposed amended statement of claim, further undermining his standing. The court held that Mr Martin's application was an impermissible attempt to influence the proceedings and dismissed the application.
The court dismissed Mr Martin's interlocutory application and ordered that he pay the costs of and incidental to the dismissal of the non-party's application. The court will hear from the parties on the issue of costs at a later date.
Orders
Orders of the court
1. The non-party’s application filed on 21 July 2022 is dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.