11 Apr 2013
AUCKLAND COUNCIL V GORMLY & ORS HC AK CIV 2012-404-006768
- Citation
- openlaw-94ad16a3_f952_4395_86e2_730bbb977567.pdf
- Court
- High Court
The Tribunal applied an unduly strict requirement for joinder by demanding 'sufficiently compelling evidence' that a claim against a proposed party was capable of succeeding. On the available affidavit evidence and correspondence there was cogent evidence of Mr Doidge's personal involvement and Chenery had undertaken work that may have contributed to damage; at this early stage proportionality concerns do not justify exclusion. The High Court therefore ordered joinder under s111(1).