Dixon Projects Pty Ltd v Hallmark Homes Pty Ltd [2002] FCA 1206

FEDERAL COURT OF AUSTRALIA

Dixon Projects Pty Ltd v Hallmark Homes Pty Ltd [2002] FCA 1206 PRACTICE AND PROCEDURE – Parties – joinder of additional respondents –whether joinder necessary to determine dispute between parties – where proceedings properly constituted – where substantial delay in bringing joinder application – where attempt to cause commercial harm to respondent – where joinder would cause additional delay and expense.

Federal Court Rules O 6 r 2, O 6 r 8, O 13 r 2

News Limited v Australian Rugby Football League Limited (1996) 64 FCR 410 (FC) Appl Australian Tape Manufacturers Association Ltd v Commonwealth of Australia (1990) 64 ALJR 530 Foll Trade Practices Commission v Westco Motors (Distributors) Pty Ltd (1981) 58 FLR 384 Foll Bishop v Bridgelands Securities Limited (1990) ATPR 41,060 Appl Eagle Homes Pty Ltd v Austec Homes Pty Ltd (1999) 87 FCR 415 (FC) Cited Williams v Spautz (1992) 174 CLR 509 Refd Walton v Gardiner (1993) 177 CLR 378 Refd DIXON PROJECTS PTY LTD (ACN 010 828 172) v HALLMARK HOMES PTY LTD (ACN 007 959 524) Q159 OF 2001 COOPER J BRISBANE 27 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 159 OF 2001

BETWEEN: DIXON PROJECTS PTY LTD

(ACN 010 828 172)

APPLICANT

AND: HALLMARK HOMES PTY LTD

(ACN 007 959 524)

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 27 SEPTEMBER 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application to join Graham Gilbertson as a second respondent and Gerard Walker as a third respondent and to deliver an amended statement of claim is dismissed. 2. The applicant to pay the respondent its costs of and incidental to the notice of motion, including reserved costs, if any, to be taxed if not agreed. 3. The proceedings are adjourned to 9.30 am Friday 11 October 2002, for further directions. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.