Australian Independent Newspapers Ltd v. John Fairfax Holdings Ltd & Ors [1994] FCA 978

JUDGMENT NO. sam LDeSoud Zt.

IN_THE FEDERAL COURT OF AUSTRALIA ) NG 153 of 1994 NEW SOUTH WALES DISTRICT REGISTRY ) NG 154 of 1994 GENERAL DIVISION )

NG 153 of 1994 BETWEEN: AUSTRALIAN INDEPENDENT NEWSPAPERS LIMITED

Applicant AND: JOHN FAIRFAX HOLDINGS LTD (FORMERLY TOURANG LTD) AND OTHERS Respondents NG 154 of 1994 BETWEEN: Applicants AND: D Respondents CORAM: Sheppard J PLACE: Sydney 15 DEC 1994 FEDERAL IF DATE: 12 December 1994 nk COURT O} PRINCIPAL REGISTRY REASONS FOR JUDGMENT HIS HONOUR: By their notices of motion filed in these

matters on 7 December, the applicants in each case seek to add further respondents to the proceedings. The parties whom they wish to join are Citisecurities Limited and five banks designated in the notices of motion. These companies are already parties to the proceedings. Earlier in the year they

were joined as cross-respondents by a number of _ the

respondents sued by the applicants. I shall refer to the

parties the applicants wish to join as "the Banks".

The Banks oppose their joinder. All other parties either consent or support the joinder subject to the qualification that the third respondent would oppose the joinder if the

consequence was the adjournment of the proceedings which have

been fixed for hearing on 14 February next.

In the last few weeks affidavits to be relied upon by the respondents at the trial have been served. Mr K.J. Searle, the solicitor for the applicants, has sworn an affidavit in support of the notices of motion. Amongst other things he has

said:

"2. On 25 November 1994 the applicants were served with copies of the affidavit of Mark Douglas Irving Burrows sworn 24 November 1994 and the affidavit of Peter Craig Llewellyn Breese sworn 25 November 1994, Copies of the exhibits to those affidavits were served on 30 November 1994.

3. On 2 December 1994 the applicants were served with a copy of the affidavit of Jeffrey Stephen White sworn that day. As at the date of swearing this affidavit copies of the exhibits to Mr White's affidavit have not been served.