9 Dec 2011
WALTER PEAK CORPORATE TRUSTEE LIMITED V ANDERSON LLOYD HC DUN CIV-2009-412-000389
- Citation
- openlaw-381c0a7d_8d73_4e97_9d71_288f6c014a17.pdf
- Court
- High Court
Anderson Lloyd established the necessary elements for leave to join the three proposed third parties under r 4.4 and s 17(1)(c): the pleadings sufficiently allege damage suffered by WPCT, Anderson Lloyd's potential liability as a tortfeasor, and that Messrs Koblick, Miron and Eisner may be tortfeasors liable in respect of the same damage; WPCT's imputation and delay arguments did not justify refusing leave at interlocutory stage; therefore leave to issue third party notices was granted.