TMA GROUP OF COMPANIES LIMITED V COLEMAN HC AK CIV-2011-404-3208

TMA GROUP OF COMPANIES LIMITED V COLEMAN HC AK CIV-2011-404-3208

The discretionary power under r 4.56 to add a party was not exercised because no cause of action or relief was pleaded against the proposed fifth defendant and the proposed defendant opposed joinder; joiner for the sole purpose of obtaining documents is unjustified when alternative procedures and striking‑out powers...

Source-derived case information.

Citation
openlaw-a5a41edc_9287_4d3a_9e15_8cb9288f565d.pdf
Parties
First Plaintiff: TMA Group of Companies Limited; Second Plaintiff: Premier Business Forms (NZ) Limited; First Defendant: Keith Andrew Coleman and Bradley Trustee Company Limited; Second Defendant: Lorna Mary Coleman, Daniel Andrew Coleman and Prince & Partners Trustee Company Limited; Third Defendant: Keith Andrew Coleman; Fourth Defendant: Lorna Mary Coleman; Intended Fifth Defendant: Sato New Zealand Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 August 2011
Procedural Posture
Civil / Interlocutory Application to Join Defendant Under High Court Rules R 4.56
Outcome
Application to join the proposed fifth defendant declined; costs reserved
Legal Topics
Non Compete, Joinder of Parties, Joinder Opposed by Proposed Party, Discovery of Documents, High Court Rules R 4.56 and R 15.1
Contract Civil Procedure Restrictive Covenants Injunctions Non Compete Joinder of Parties Joinder Opposed by Proposed Party Discovery of Documents +1 more

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Parties

TMA Group of Companies Limited

First Plaintiff

Premier Business Forms (NZ) Limited

Second Plaintiff

Keith Andrew Coleman and Bradley Trustee Company Limited

First Defendant

Lorna Mary Coleman, Daniel Andrew Coleman and Prince & Partners Trustee Company Limited

Second Defendant

Keith Andrew Coleman

Third Defendant

Lorna Mary Coleman

Fourth Defendant

Sato New Zealand Limited

Intended Fifth Defendant

Procedural Posture

Civil / Interlocutory Application to Join Defendant Under High Court Rules R 4.56

Legal Issues

  1. 1 Whether the court should add Sato New Zealand Limited as a defendant under r 4.56 where no cause of action or relief is pleaded against it
  2. 2 Whether the court should order joinder over the opposition of the proposed party
  3. 3 Whether the plaintiffs may alternatively obtain documents from the proposed party by another procedural route (r 8.26)

Ratio Decidendi

The discretionary power under r 4.56 to add a party was not exercised because no cause of action or relief was pleaded against the proposed fifth defendant and the proposed defendant opposed joinder; joiner for the sole purpose of obtaining documents is unjustified when alternative procedures and striking‑out powers under r 15.1 are available.

Court Disposition

Application to join the proposed fifth defendant declined; costs reserved

Orders

  • Application to join Sato New Zealand Limited as fifth defendant declined
  • Costs reserved; if parties cannot agree, memoranda in support, opposition and reply to be filed and served at seven day intervals and file to be referred to the Judge for entry of judgment on costs