Janus, W.C.C.M. & Ors v A.G.C. (Advances) Ltd & Anor [1987] FCA 779

It is not convenient or efficient to join the proposed parties (the valuers) at this stage of these proceedings; any claim against them should be pursued separately, and the application for joinder is accordingly dismissed.

Parties: First Applicant: Walter Corneille Clement Marie Janus; Second Applicant: Winjan Pastoral Company Pty. Ltd.; Third Applicant: Tweed Canal Estates Pty Ltd; Fourth Applicant: Wingara Enterprises Pty. Ltd.; First Respondent: A.G.C. (Advances) Limited; Second Respondent: Macdonald Wagner Pty. Ltd.
Jurisdiction: Australia
Judgment Date: 23 December 1987
Procedural Posture: Application / Interlocutory (joinder Application)
Outcome: application dismissed
Legal Topics: Joinder of Parties, Costs

Civil Procedure Joinder of Parties Costs

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Parties

Walter Corneille Clement Marie Janus

First Applicant

Winjan Pastoral Company Pty. Ltd.

Second Applicant

Tweed Canal Estates Pty Ltd

Third Applicant

Wingara Enterprises Pty. Ltd.

Fourth Applicant

A.G.C. (Advances) Limited

First Respondent

Macdonald Wagner Pty. Ltd.

Second Respondent

Procedural Posture

Application / Interlocutory (joinder Application)

Legal Issues

1 Whether Messieurs White and Gardiner and G.J. White should be joined as parties to the proceedings

Ratio Decidendi

Court Disposition

application dismissed

Orders

The application for joinder of Messieurs White and Gardiner and G.J. White is dismissed.
Applicants to pay the respondents' costs of and incidental to the application, to be taxed.