RYLEGROVE PTY LTD v FATIMI PTY LIMITED [1995] NSWCA 407

RYLEGROVE PTY LTD v FATIMI PTY LIMITED [1995] NSWCA 407

Parties below not joined in the original appeal, namely Mr Bryant and Holdings Pty Ltd, should be joined to the appeal (as appellant and respondent, respectively) to ensure the proper constitution of the appeal, subject to any further application by the liquidator of Holdings Pty Ltd regarding its joinder.

Parties
Plaintiff Below, Respondent Later: Fatimi Pty Ltd; Defendant Below, Appellant: Rylegrove Pty Ltd; Defendant Below, Respondent (joined on Motion): Holdings Pty Ltd; Defendant Below, Appellant (joined on Motion): Mr Bryant
Jurisdiction
Australia
Judgment Date
27 March 1995
Procedural Posture
Appeal / Interlocutory/procedural Motion in Court of Appeal
Outcome
notice of motion granted as specified
Legal Topics
Joinder of Parties, Proper Constitution of Appeal, Representation of Companies, Costs
Civil Procedure Joinder of Parties Proper Constitution of Appeal Representation of Companies Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Fatimi Pty Ltd

Plaintiff Below, Respondent Later

Rylegrove Pty Ltd

Defendant Below, Appellant

Holdings Pty Ltd

Defendant Below, Respondent (joined on Motion)

Mr Bryant

Defendant Below, Appellant (joined on Motion)

Procedural Posture

Appeal / Interlocutory/procedural Motion in Court of Appeal

Legal Issues

  1. 1 Whether parties below not joined in the original notice of appeal should be joined to the appeal
  2. 2 Proper constitution of parties to an appeal
  3. 3 Whether a managing director can represent a company in court proceedings

Ratio Decidendi

Parties below not joined in the original appeal, namely Mr Bryant and Holdings Pty Ltd, should be joined to the appeal (as appellant and respondent, respectively) to ensure the proper constitution of the appeal, subject to any further application by the liquidator of Holdings Pty Ltd regarding its joinder.

Court Disposition

notice of motion granted as specified

Orders

  • Mr Bryant be joined as an appellant and entitled to file a notice of appeal
  • Holdings Pty Ltd be joined as a respondent