Mitchell v Roads and Maritime Services (now known as Transport for NSW) (No

[2024] NSWSC 1165

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Civil Procedure
2. › parties
3. › joinder
4. › representative proceedings
5. › interlocutory dispute between plaintiffs and litigation funder
6. › plaintiffs seek to join litigation funder as a defendant
1. Civil Procedure
2. › representative proceedings
3. › separate determination of questions
4. › where appropriate
5. › question of whether it is appropriate in this case for a dispute between litigation funder and plaintiffs to be determined at interlocutory hearing or whether proceedings should be stayed and separate proceedings initiated
1. Civil Procedure
2. › representative proceedings
3. › conduct of proceedings
4. › meaning and application of the court’s power under Civil Procedure Act 2005 (NSW) s 183
5. › whether the court has power to adjudicate the interlocutory dispute by relying on the power in s 183
6. › whether it is both appropriate and necessary to ensure that justice is done in these proceedings by determining the dispute between the plaintiffs and the litigation funder
1. Commercial Arbitration
2. › arbitration agreement
3. › stay of proceedings
4. › whether arbitration agreement is null, void, inoperative or incapable of being performed
5. › whether cl 14 of the Funding Agreement is an “arbitration agreement” within the meaning of that expression in s 7(1) of the Commercial Arbitration Act 2010 (NSW)