Wojciechowska v Secretary, Department of Communities and Justice

In *Wojciechowska v Secretary, Department of Communities and Justice*, the applicant, Paulina Wojciechowska, sought judicial review of a decision made by the New South Wales Civil and Administrative Tribunal (NCAT). The proceedings involved the Secretary, Department of Communities and Justice, as the first respondent, and Lily Szeto, an employee of the NCAT registry, as the sixth respondent. The central dispute concerned whether Ms Szeto was a necessary and proper party to the judicial review proceedings.

The Court of Appeal was required to determine whether an employee of the NCAT registry, who had performed administrative functions in relation to the original NCAT decision, was a necessary and proper party to the judicial review proceedings. This involved considering the principles governing the joinder and removal of parties in civil litigation, particularly in the context of judicial review of administrative tribunal decisions.

The Court reasoned that the applicant's claim for judicial review was directed at the decision of the Tribunal itself, not at the administrative actions of a registry employee. Ms Szeto's role was limited to performing her duties as an employee of the registry, and she had no personal interest in the outcome of the proceedings or any decision-making power that was the subject of the review. Accordingly, the Court concluded that Ms Szeto was neither a necessary nor a proper party to the judicial review.

Consequently, the Court ordered that Lily Szeto be removed as a party to the proceedings. The Court also ordered the applicant, Paulina Wojciechowska, to pay the costs of the first respondent, the Secretary, Department of Communities and Justice, and the sixth respondent, Lily Szeto, in relation to the notice of motion filed on 5 June 2024.