Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA ) No. QG 90 of 1994 QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) BETWEEN: WHITCO PTY. LTD. (A.C.N. 009 667 207) Applicant AND: NICOLAS WEAVIS First Respondent AND:MARKETMAKERS (AUST.) PTY. LTD. (A.C.N. 052 290 721) Second Respondent AND:HARRY DESMOND PHIPPS Third Respondent Coram: Drummond J Date: 28 September, 1994 Place: Brisbane REASONS FOR JUDGMENT
This is an application by the first respondent in the action for leave to cross-claim against four additional parties and the applicant in respect of what is said to be unlawful conduct by those persons in executing the Anton Piller order which I made in these proceedings on 17 July last. The persons proposed to be joined include the firm of solicitors who are on the record
as solicitors for the applicant in these proceedings and have been the solicitors for the applicant
since the inception of the proceedings, and two solicitors employed by that firm.
The claim sought to be raised by the cross-claim is in trespass. The application for joinder is opposed by the applicant and also by the second and third respondents. If the application is granted, it will, in my view, necessarily mean that the solicitors who have acted for the applicant from the inception of the proceedings will have to withdraw and new solicitors retained, the new solicitors having to familiarise themselves with the quite complex proceedings
that are on foot between the applicant and the existing respondents.
It is inevitable that further delay will be occasioned. The concern of the second and third respondents is very much at the further delay likely to be caused by the retention of new solicitors and also by the addition of further parties and the introduction of further issues into the litigation. The second and third respondents have put material before me to demonstrate that they have real concerns about delays causing what appears to be quite serious detriment to their businesses. The facts upon which the proposed cross-claim is based arise out of the main
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