Whitco Pty Ltd v Weavis, Nicolas & Ors [1994] FCA 1099

Whitco Pty Ltd v Weavis, Nicolas & Ors [1994] FCA 1099

The application for leave to cross-claim and for joinder of additional parties is dismissed because the potential for delay and prejudice to existing parties at this stage of the litigation outweighs any arguable basis for joinder, and the existence of a discretion to exclude unlawfully obtained evidence in civil proceedings is not established for the purposes of this application.

Parties
Applicant: WHITCO PTY. LTD. (A.C.N. 009 667 207); First Respondent: NICOLAS WEAVIS; Second Respondent: MARKETMAKERS (AUST.) PTY. LTD. (A.C.N. 052 290 721); Third Respondent: HARRY DESMOND PHIPPS
Jurisdiction
Australia
Judgment Date
28 September 1994
Procedural Posture
Application / Interlocutory Motion for Leave to Cross Claim and for Joinder
Outcome
application for leave to cross-claim and joinder dismissed
Legal Topics
Joinder of Parties, Cross Claims, Anton Piller Orders, Admissibility of Evidence
Civil Procedure Joinder of Parties Cross Claims Anton Piller Orders Admissibility of Evidence

Case Brief

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Parties

WHITCO PTY. LTD. (A.C.N. 009 667 207)

Applicant

NICOLAS WEAVIS

First Respondent

MARKETMAKERS (AUST.) PTY. LTD. (A.C.N. 052 290 721)

Second Respondent

HARRY DESMOND PHIPPS

Third Respondent

Procedural Posture

Application / Interlocutory Motion for Leave to Cross Claim and for Joinder

Legal Issues

  1. 1 Whether to grant leave to the first respondent to cross-claim against additional parties for trespass arising out of the execution of an Anton Piller order
  2. 2 Whether to allow the joinder of additional parties including the applicant's solicitors to the proceedings
  3. 3 Whether a discretion exists in civil proceedings to exclude unlawfully obtained evidence

Ratio Decidendi

The application for leave to cross-claim and for joinder of additional parties is dismissed because the potential for delay and prejudice to existing parties at this stage of the litigation outweighs any arguable basis for joinder, and the existence of a discretion to exclude unlawfully obtained evidence in civil proceedings is not established for the purposes of this application.

Court Disposition

application for leave to cross-claim and joinder dismissed

Orders

  • The notice of motion filed 20 September, 1994 for an order that Whitco Pty. Ltd., Mervyn Harcourt-Cooze, Clayton Utz (a firm), Elizabeth Anne Milner, John Powell and Victor Joseph Lipinski be joined as cross-claimants is dismissed.