A proposed intervener who supports the same construction of a statutory provision as an existing party will be refused leave to intervene where the existing party is capable of advancing all relevant arguments, even where the proposed intervener has a significant interest in the outcome. The fact that a proposed intervener can identify an additional argument is insufficient if that argument is a consequence of the submissions already being advanced by the party.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.