Malubel Pty Ltd v Wendy Elder

Case [1997] FCA 1310


FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE - Joinder of the National Crime Authority to proceedings instituted against officers of the Australian Federal Police who were members of the staff of the Authority - whether joinder was for the purpose of avoiding the effect of secrecy provisions in the National Crime Authority Act 1984 - joinder refused

PRACTICE AND PROCEDURE - proper respondents in proceedings for judicial review

Administration Decisions (Judicial Review) Act 1977, s 12
National Crime Authority Act 1984, s 53
Federal Court Rules, O6 r2, O6 r8

Bishop v Bridges (1990) 25 FCR 311
Qantas Airways Limited v AF Little Pty Ltd (1981) 2 NSWLR 34
Friends of Hinchinbrook Society Inc v Minister for Environment & Ors (No. 1) (1996) 69 FCR 1
News Limited v Australian Rugby Football League Limited (1996) 64 FCR 410
Flanagan v Commissioner of Australian Federal Police (1996) 134 ALR 495
Kelly v Coats (1981) 35 ALR 93
Australian Conservation Foundation v Forestry Commission (1988) 12 FCR 127
Vidler v Secretary, Department of Social Security (1995) 135 ALR 323
Salerno v National Crime Authority (1997) 144 ALR 709
Australian Building Construction Employees' and Builders Labourers' Federation v Master Builders' Association of New South Wales (1986) 18 FCR 18

MALUBEL PTY LTD & ANOR v WENDY ELDER & ORS 

NG 898 OF 1997

MOORE J
SYDNEY
27 NOVEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 898 of  1997

BETWEEN:

MALUBEL PTY LTD & ANOR
APPLICANT

AND:

WENDY ELDER & ORS
RESPONDENT

JUDGE:

MOORE J

DATE OF ORDER:

27 NOVEMBER 1997

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

  1. The application to join the National Crime Authority as a respondent is dismissed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court     Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 898 of 1997

BETWEEN:

MALUBEL PTY LTD & ANOR
APPLICANT

AND:

WENDY ELDER & ORS
RESPONDENT

JUDGE:

MOORE J

DATE:

27 NOVEMBER 1997

PLACE:

SYDNEY

REASONS FOR JUDGMENT

An issue has arisen in proceedings brought by Malubel Pty Ltd ("Malubel") and another concerning the joinder of the National Crime Authority ("the Authority") as a respondent. The proceedings presently seek to invoke the jurisdiction of the Court under the Administrative Decisions (Judicial Review) Act 1977 ("the ADJR Act'") and s 39B of the Judiciary Act 1903. The applicants seek to impugn a decision of Ms Wendy Elder to issue two search warrants under s 3E of the Crimes Act 1914, and decisions that led to their issue.

The warrants were executed on 28 October 1997. A search was then undertaken of the premises in which Malubel operates its business as a manufacturer and retailer of sheep skin products and also of the home of an accountant in the employ of Malubel. Documents were seized. On 31 October 1997 an urgent application was made to the Court seeking, inter alia, orders restraining the use that might be made of the…

Continue reading Malubel Pty Ltd v Wendy Elder

Sign in free to access the full text

Details
AGLC
Malubel Pty Ltd v Wendy Elder [1997] FCA 1310
Case
[1997] FCA 1310
Decision Date

CaseChat Overview and Summary

The case of Malubel Pty Ltd versus Wendy Elder was brought before a court in Australia. The plaintiff, Malubel Pty Ltd, sought to address a dispute involving alleged misconduct by the defendant, Wendy Elder. The matter was heard in the Federal Court of Australia. The primary issue before the court was whether the National Crime Authority should be joined as a respondent in the proceedings. Malubel Pty Ltd sought to add the National Crime Authority to the list of respondents, arguing that its involvement was necessary to fully address the allegations against Wendy Elder.

The court was required to determine if the addition of the National Crime Authority as a respondent was permissible under the relevant rules of court and if it was necessary for the resolution of the dispute. The court examined the circumstances surrounding the case, including the nature of the allegations and the role of the National Crime Authority in the context of these allegations. It was necessary for the court to balance the interests of all parties involved, including the plaintiff and the defendant, as well as the public interest in ensuring that the appropriate legal processes were followed.

The court concluded that the addition of the National Crime Authority as a respondent was not appropriate in this case. The reasoning behind the decision was that the authority's involvement was not necessary for the resolution of the dispute and that joining it as a respondent would not contribute to a fair and efficient resolution of the matter. The court also considered the potential impact on the proceedings and the rights of the parties involved. As a result, the application to join the National Crime Authority as a respondent was dismissed.

Orders

Orders of the court

1.

The application to join the National Crime Authority as a respondent is dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.