Husband of woman who died in hospital is not directly affected by outcome of inquiry into her care

Judicial review - motion to be joined as a Notice Party – husband of deceased – wife died due to negligence of hospital - underlying proceedings have been instituted to restrain a statutory inquiry directed by the Minister for Health – hospital maintains that the Minister acted unlawfully in establishing the inquiry – whether there were reasonable grounds to believe that there is a serious risk to the health or welfare of persons receiving services at the hospital - argued that the Minister unlawfully fettered his discretion and that he was wrongly influenced by representations made by the husband – argued that the husband’s legal rights are not affected by the proceedings – prolong the hearing – husband claims to be the person most affected - legitimate interest in the outcome of the judicial review proceedings – rules require that the proceedings must be served on all persons directly affected - accepted that he has an interest in the outcome of the inquiry - nature of this interest in and of itself does not satisfy the requirement that he must be directly affected by the judicial review proceedings – husband does not contend that any legal right of his, pecuniary or proprietary, will be affected by the outcome of the inquiry - reputation may be affected by the allegation made – judicial review alleges that the Minister was wrongly influenced, not that the proposed notice party wrongly influenced him – jurisdiction of the Court – husband not a person directly affected by the inquiry as a matter of law – application to be joined as a notice party refused.