6 Sept 2007
GOUGH FINANCE LTD V C & J HARVESTING LTD AND ORS HC ROT CIV 2006-463-914
- Citation
- openlaw-43a7b680_a0a8_46b7_b9c6_7b2475126a6a.pdf
- Court
- High Court
Given the coordinated conduct of the Gough group in supplying equipment and arranging finance, the arguable account of inducement and representations by GGHL, the real risk of severe prejudice to the defendants if summary judgment were entered while they could not pursue indemnity/contribution, and the lack of material prejudice to the plaintiff from a short delay, the Court exercised its discretion to grant exceptional leave under r 75 to join GGHL as a third party and thereby permit the defendants' third party claim to proceed.