Harding v Her Worship Ms B Lane Sm

[2001] WASCA 37

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Parties
3. › Joinder
4. › Non-joinder of necessary party
5. › Whether court may make coercive order against person not a party to proceedings
6. › Order for payment of money against non-party
1. Administrative Law
2. › Prerogative writs
3. › Certiorari
4. › Order quashing decision of inferior court
5. › Order made against person not a party to proceedings
1. Administrative Law
2. › Tribunals
3. › Appeals from tribunal decisions
4. › Proper parties to appeal
5. › Whether tribunal should be respondent to appeal from its own remedial order
6. › Role of tribunal as arbitrator
7. › Painters' Registration Act 1961 (WA), ss 16D, 18(1)(b)

Quick Take

A court cannot make a coercive monetary order against a person who is not a party to the proceedings, even where that person has been given notice of the proceedings and invited to attend. In appeals under s 18(1)(b) of the Painters' Registration Act 1961 (WA) from remedial orders under s 16D, the person against whom the remedy is sought (the painter) should be the respondent, not the Board, which acts as an arbitrator in such matters.