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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General information, not legal advice.

At a glance

Source facts

Court

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

Source text

Just GI Pty Ltd & Ors v Pig Improvement Co Aust Pty Ltd [2001] QCA 48 (27 February 2001)

SUPREME COURT OF QUEENSLAND

CITATION:

Just GI P/L & Ors v Pig Improvement Co Aust P/L [2001] QCA 48

PARTIES:

JUST GI PTY LTD ACN 010 645 708

(first plaintiff/first respondent)

NOMOHEITH PTY LTD ACN 060 188 367 - as trustee of the Nimrod Discretionary Trust

(second plaintiffs/second respondents)

MARKEV PTY LTD ACN 078 666 476 - as trustee of the Evans Family Trust

(third plaintiff/third respondent)

PIG IMPROVEMENT COMPANY AUSTRALIA PTY LTD ACN 058 819 328

(defendant/appellant)

FILE NO/S:

Appeal No 5723 of 2000

SC No 5461 of 1998

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

27 February 2001

DELIVERED AT:

Brisbane

HEARING DATE:

12 February 2001

JUDGES:

Davies JA, Williams JA, Mullins J

Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

Appeal dismissed with costs.

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 which the discretion was to be exercised - whether inconvenience to the plaintiffs of delay and additional cost outweighs the inconvenience to the defendant in commencing a separate action - whether joinder would render a simple matter complex - trial judge based decision on facts relevant to the issues - no proper basis for interfering with the exercise of that discretion Uniform Civil Procedure Rules(Qld), r 192 Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; (1981) 148 CLR 170, considered

In the Will of F B Gilbert [1946] NSWStRp 24; (1946) 46 SR (NSW) 318, considered

COUNSEL:

PA Keane QC, with RA Myers for the appellant

KA Barlow for the respondents

SOLICITORS:

Carter Newell for the appellant

Russell and Company for the respondents

Just GI Pty Ltd & Ors v Pig Improvement Co Aust Pty Ltd [2001] QCA 48

At a glance

Court

Decision date

Before

Catchwords

Source

Catchwords

Source text

Just GI Pty Ltd & Ors v Pig Improvement Co Aust Pty Ltd [2001] QCA 48 (27 February 2001)

Parties

Cases Cited (1)