LIONEL FRANCIS SEYMOUR THOMPSON V. PIONEER OMNIBUS COMPANY LIMITED

IN THE HIGH COURT OF AUSTRALIA.

BETWEEN :

LIONEL FRANCLS SEYMOUR THOMPSON

Piaintiff Cappellant )

- and -

PIONEER OMNIBUS COMPANY LIMITED.

Defendant (Respondent)

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Transcript "by:

Hales Reporters, 23 Barrack St.,

PERTH.

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IN THE HIGH QOURT OF AUSTRALIA.

BETWEEMN:

LIONEL FRANCIS SEYMOUR THOMPSON

Plaintiff (Appellant ) ~ and -

. . PIONEER OMNIBUS OOMPANY LIMITED.

Defendant (Respondent)

MONDAY, 13TH SEPTEMBER, 1948

CORAM: LATHAM, O.J. RICH, J. OWEN-DIXON, J.

J UD GM £N T LATHAM, C.J.: This is an appeal from a decision of the Supreme

Court dismissing an action in which a claim Was made for an injunction to restrain the defendant company from issuing and/or allotting any shares in the defendant company in accordance with a resolution passed at a meeting ef the Directors of the defendant company held on the ltth day of July, 1947. The actim Was brought by Lionel Francois Seymour Thompson as sole plaintiff against the company as sole defendant. The action is not prop- erly constituted in respect to parties. The Directors whose actions are the subject of complaint by reason of the passing of the resolution to which I have referred should have been made parties to the action, and for this reason this action by this plaintiff against this defendant as now constituted should be dismissed. But this conclusion is subject to the direction:

given to the Supreme Court by order 16, rule 12 of the rules

of the Supreme Court. That rule provides that no cause or matter shall be defeated by reason of mis-joinder or non-joinder of parties, and that the Court may in any matter deal with the matter in controversy so far as regard the righta and interests of the parties actually before it. This rule also gives power to the Court to add parties as may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter. It