Milodon Inc v USA Imports Pty Ltd & Ors [1995] FCA 926

Milodon Inc v USA Imports Pty Ltd & Ors [1995] FCA 926

It is not necessary to show a prima facie case in order to join an additional respondent if the claim is bona fide and no realistic prejudice is shown.

Parties
Applicant: MILODON, INC; First Respondent: USA IMPORTS PTY LIMITED; Second Respondent: PECO KENCEVSKI; Third Respondent: OLIVERA KENCEVSKI
Jurisdiction
Australia
Judgment Date
13 November 1995
Procedural Posture
Application to Join Additional Respondent / Reasons for Judgment on Interlocutory Application
Outcome
Order for joinder of additional respondent granted, with costs as specified.

Case Brief

Summary, issues, holding and outcome

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Parties

MILODON, INC

Applicant

USA IMPORTS PTY LIMITED

First Respondent

PECO KENCEVSKI

Second Respondent

OLIVERA KENCEVSKI

Third Respondent

Procedural Posture

Application to Join Additional Respondent / Reasons for Judgment on Interlocutory Application

Legal Issues

  1. 1 Whether a prima facie case must be shown to join an additional respondent

Ratio Decidendi

It is not necessary to show a prima facie case in order to join an additional respondent if the claim is bona fide and no realistic prejudice is shown.

Court Disposition

Order for joinder of additional respondent granted, with costs as specified.

Orders

  • Order that the additional respondent be joined
  • Applicant to pay costs of and incidental to the amendment, and any costs thrown away by reason of the amendment, but not costs of affidavit preparation or appearance to oppose motion, which are respondents' costs in the cause