18 Oct 2006
ARWIN TRADING V PENDARVES EXPORT AND ORS HC AK CIV 2006-404-1792
- Citation
- openlaw-91da849a_a1dc_49b7_a1c4_de8efa451dc1.pdf
- Court
- High Court
The appeal is dismissed because the Judge did not err in law: an application to join a counterclaim defendant is interlocutory (thus s 39 did not preclude joinder without prior service), the Court had power under DCR 103 (and in the circumstances under DCR 173) to order joinder, and it was open to the Judge to order substituted service on the appellant's solicitor as reasonably likely to bring notice to the absent proposed defendant.