If deny leave would have had 114 separate claims in

Info icon This preview shows pages 24–36. Sign up to view the full content.

View Full Document Right Arrow Icon
If deny leave, would have had 114 separate claims in Fed Court on same issue. Plus smaller parties might not have the funds to achieve justice independently.
Image of page 24

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
A & J Partitions v Jolly (1993 SCV) 4,488 shareholders in Pyramid & related building societies granted leave to issue one writ, all named as Ps in Supreme Court proceedings against Vic Govt & Pyramid auditors
Image of page 25
Title to proceedings where 2 plaintiffs A.B. and C.D Plaintiffs Or A.B. First Plaintiff and C.D. Second Plaintiff
Image of page 26

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Compulsory Joinder Compulsory Joinder r 9.03(1): where P claims relief to which someone else is jointly entitled , all persons jointly entitled must be joined. r 9.03(3): where D is jointly liable under a contract with someone else, P should claim against all persons jointly liable. Otherwise court can stay proceedings until persons joined. Cf r 9.03(2): where D jointly and severally liable with someoneelse, other person need not be made a D
Image of page 27
Compulsory Joinder Compulsory Joinder Theory behind compulsory joinder is that all parties who are necessary and proper for the resolution of the dispute should be before the court.
Image of page 28

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Joinder of claims: Joinder of claims: r 9.01 r 9.01 A plaintiff may join any number of claims against a defendant whether the plaintiff makes claims in the same or different capacities and whether the claims are made against the defendant in the same or different capacities.
Image of page 29
Joinder Joinder Court has discretion whether to allow joinder. Will consider factors such as: res judicata and issue estoppel; Overlap of claims and evidence to be called
Image of page 30

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Joinder Inconvenient: r 9.04 Joinder Inconvenient: r 9.04 Where joinder may embarrass or delay trial of proceeding or cause prejudice or is otherwise inconvenient, Court may order: Separate trials Exclusion of claim Compensation (costs) for attending irrelevant part of trial Removal of parties.
Image of page 31
What is ‘embarrassing’? What is ‘embarrassing’? “….. unintelligible, ambiguous, vague or too general, so as to embarrass the opposite party who does not know what is alleged against him.” (SCV in Meckiff v Simpson [1968] VR 62 per Winneke CJ, Adam and Gowans JJ cited by Bongiorno in Gunns July 2005 judgment, para 15).
Image of page 32

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Gunns per Bongiorno J (July 2005) It is fundamental to the proper conduct of civil litigation that a defendant be apprised of the case he, she or it has to meet with precision and with such degree of specificity and clarity as will enable a case to be prepared on that defendant's behalf...
Image of page 33
Bongiorno J continued Version 2 of the plaintiff's statement of claim was inadequate in that respect and was struck out. V3 is an improvement on V2 but it is still embarrassing as a statement of claim. This is at least partly because a fundamental problem with this litigation, which has been evident since the proceeding commenced, is that too much has been sought to be alleged against too many defendants in the one proceeding . This has led to a number of apparently insoluble problems, the first of which is that of embarrassment.
Image of page 34

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Bongiorno J continued
Image of page 35
Image of page 36
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern