Sita Qld Pty Ltd v State of Queensland [2000] FCA 1077

Sita Qld Pty Ltd v State of Queensland [2000] FCA 1077

Joinder of Mr Johnson as a respondent was refused because the cause of action against him for breach of warranty of authority cannot succeed under current law, and due to the lateness and potential for substantial disruption to the trial.

Jurisdiction
Australia
Judgment Date
06 September 2000
Procedural Posture
Application (joinder of Party) / Interlocutory Order/refusal
Outcome
Application for joinder refused; costs ordered against applicants
Legal Topics
['party Joinder' 'breach of Warranty of Authority' 'servants of the Crown' 'ministerial Liability']
['civil Procedure'] ['party Joinder' 'breach of Warranty of Authority' 'servants of the Crown' 'ministerial Liability']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application (joinder of Party) / Interlocutory Order/refusal

Legal Issues

  1. 1 ['Whether Mr Johnson should be joined as a respondent' 'Whether a Minister of the Crown may be liable for breach of warranty of authority' 'Whether late joinder should be permitted']

Ratio Decidendi

Joinder of Mr Johnson as a respondent was refused because the cause of action against him for breach of warranty of authority cannot succeed under current law, and due to the lateness and potential for substantial disruption to the trial.

Court Disposition

Application for joinder refused; costs ordered against applicants

Orders

  • ['The application to join Mr Johnson as a respondent to the proceedings be refused.' "The applicants pay Mr Johnson's costs of the proceedings." 'Mr Johnson be at liberty to tax those costs forthwith.']