Suncorp-Metway Limited (ACN 010 831 722) v Sapuppo [2001] FCA 708

FEDERAL COURT OF AUSTRALIA

Suncorp-Metway Limited (ACN 010 831 722) v Sapuppo [2001] FCA 708

PRACTICE AND PROCEDURE - joinder of parties - whether O 52 r 14(2) the Federal Court Rules justifies joinder on appeal of a party to the trial where that party's commercial interests only are affected Federal Court Rules, O 52 r 14

News Limited v Australian Rugby Football League Limited (1996) 64 FCR 410 considered Pegang Mining Co Limited v Choong Sam [1969] 2 MLJ 52 considered Morrell v Mercantile Mutual Insurance Australia Limited (1999) 21 WAR 451 considered Re Trade Practices Commission v Milreis Pty Ltd (1978) ALR 17 considered

SUNCORP-METWAY LIMITED (ACN 010 831 722) v SEBASTIAN ANTHONY SAPUPPO, AUSTRALIAN PACIFIC PROFESSIONAL INDEMNITY INSURANCE CO LTD (ACN 072 266 909) AND ALEVTINA RIBCHENKOV Q 60 OF 2001

DRUMMOND J 6 JUNE 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 60 OF 2001

BETWEEN: SUNCORP-METWAY LIMITED (ACN 010 831 722)

APPLICANT

AND: SEBASTIAN ANTHONY SAPUPPO

FIRST RESPONDENT/FIRST APPELLANT

AUSTRALIAN PACIFIC PROFESSIONAL INDEMNITY INSURANCE CO LTD (ACN 072 266 909)

SECOND RESPONDENT/SECOND APPELLANT

ALEVTINA RIBCHENKOV

THIRD RESPONDENT/RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 6 JUNE 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The applicant be joined as second respondent to appeal proceedings Q 60 of 2001.

2. The costs of the notice of motion be reserved to the Full Court.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 60 OF 2001

BETWEEN: SUNCORP-METWAY LIMITED (ACN 010 831 722)