Jamsek v ZG Operations Australia Pty Ltd (Joinder Application) [2019] FCA 1332

Jamsek v ZG Operations Australia Pty Ltd (Joinder Application) [2019] FCA 1332

Although joinder causes the respondents inconvenience, given significant overlap with issues and parties already before the Court, and absence of irremediable prejudice, joinder should be allowed; any dispute about the appropriateness of joinder is a matter for the Full Court.

Parties
First Applicant: Martin Jamsek; Second Applicant: Daniel Civtanovic as trustee for the bankrupt estate of Robert William Whitby; Third Applicant: Stephen Hundy as trustee for the bankrupt estate of Robert William Whitby; First Respondent: ZG Operations Pty Limited ACN 060 142 501; Second Respondent: ZG Lighting Pty Limited ACN 002 281 601
Jurisdiction
Australia
Judgment Date
14 August 2019
Procedural Posture
Application for Joinder / Interlocutory (joinder Application Prior to Appeal Hearing)
Outcome
Application for joinder allowed; consequential procedural orders made; costs reserved.
Legal Topics
Joinder of Parties, Extension of Time to Appeal
Practice and Procedure Employment & Industrial Relations Joinder of Parties Extension of Time to Appeal

Case Brief

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Parties

Martin Jamsek

First Applicant

Daniel Civtanovic as trustee for the bankrupt estate of Robert William Whitby

Second Applicant

Stephen Hundy as trustee for the bankrupt estate of Robert William Whitby

Third Applicant

ZG Operations Pty Limited ACN 060 142 501

First Respondent

ZG Lighting Pty Limited ACN 002 281 601

Second Respondent

Procedural Posture

Application for Joinder / Interlocutory (joinder Application Prior to Appeal Hearing)

Legal Issues

  1. 1 Whether the trustees in bankruptcy should be joined as parties to the application for extension of time to appeal under r 9.05(b)(iii) of the Federal Court Rules 2011

Ratio Decidendi

Although joinder causes the respondents inconvenience, given significant overlap with issues and parties already before the Court, and absence of irremediable prejudice, joinder should be allowed; any dispute about the appropriateness of joinder is a matter for the Full Court.

Court Disposition

Application for joinder allowed; consequential procedural orders made; costs reserved.

Orders

  • The trustees are joined as parties to the proceedings pursuant to r 9.05(b)(iii) of the Federal Court Rules 2011.
  • The trustees and Mr Jamsek have leave to file by 5.00 pm on 15 August 2019 a Further Amended Application for extension of time and Further Amended Draft Notice of Appeal in the annexed form.