PJM Litigation & Debt Management Pty Ltd v Flowers (No 2) [2021] NSWDC 803

PJM Litigation & Debt Management Pty Ltd v Flowers (No 2) [2021] NSWDC 803

As the cause of action survives and the interest of PJM passes to Mr Miles by assignment, the Court has discretionary power under r 6.30 and r 6.24 to join Mr Miles as plaintiff. There are no discretionary factors against such an order, joinder is necessary for complete resolution of the issues, and no prejudice is asserted. The more appropriate order is addition of Mr Miles as second plaintiff; the joinder of the new defendant and pleading amendments are uncontested.

Jurisdiction
Australia
Judgment Date
13 December 2021
Procedural Posture
Civil / Interlocutory Application for Joinder/amendment
Outcome
Application granted in part
Legal Topics
['joinder of Parties' 'assignment of Claim' 'party Substitution' 'costs of Amendments']
['civil Procedure'] ['joinder of Parties' 'assignment of Claim' 'party Substitution' 'costs of Amendments']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Joinder/amendment

Legal Issues

  1. 1 ['Whether Mr Miles can be joined as plaintiff following assignment after proceedings commenced' 'Whether the joinder of Casa De Amor Community Incorporated as defendant is appropriate' 'Appropriate form of amendment and costs orders']

Ratio Decidendi

As the cause of action survives and the interest of PJM passes to Mr Miles by assignment, the Court has discretionary power under r 6.30 and r 6.24 to join Mr Miles as plaintiff. There are no discretionary factors against such an order, joinder is necessary for complete resolution of the issues, and no prejudice is asserted. The more appropriate order is addition of Mr Miles as second plaintiff; the joinder of the new defendant and pleading amendments are uncontested.

Court Disposition

Application granted in part

Orders

  • ['Liberty granted to plaintiff to join Phillip Jacob Miles as second plaintiff and Casa De Amor Community Incorporated as fifth defendant.' 'Liberty granted to plaintiffs to file a Second Amended Statement of Claim within seven days, as specified.' 'Any costs thrown away by reason of the amendments to be paid by the...