QLDQCA
Just GI Pty Ltd & Ors v Pig Improvement Co Aust Pty Ltd [2001] QCA 48
[2001] QCA 48
Court of Appeal (Qld)|2001-02-27|Before: Davies JA, Williams JA, Mullins JSeparate reasons for judgment of each, member of the Court, each concurring as to the orders made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2001-02-27
Before
Davies JA, Williams JA, Mullins JSeparate reasons for judgment of each, member of the Court, each concurring as to the orders made
Catchwords
- PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND –
- PRACTICE UNDER RULES OF COURT – PARTIES – OTHER
- MATTERS - refusal to
- join third parties – whether trial judge misapprehended the basis upon
Source
Original judgment source is linked above.
Catchwords
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND –PRACTICE UNDER RULES OF COURT – PARTIES – OTHERMATTERS - refusal tojoin third parties – whether trial judge misapprehended the basis uponwhich the discretion was to beexercised – whether inconvenience to theplaintiffs of delay and additional cost outweighs the inconvenience to thedefendantin commencing a separate action – whether joinder would render asimple matter complex – trial judge based decision onfacts relevant tothe issues – no proper basis for interfering with the exercise of thatdiscretionUniform Civil Procedure Rules(Qld), r 192Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39(1981) 148CLR 170, consideredIn the Will of F B Gilbert [1946] NSWStRp 24(1946) 46 SR (NSW) 318,considered
Judgment
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