LLB300 Lecture Notes - Lecture 9: Res Judicata, Bendir
WEEK 9 LECTURE – CAUSES OF ACTION, PARTIES AND
JOINDER:
Generally, more effective to be heard in one proceedings
oTime effectiveness
oRisk of embarrassment to the Court, caused through inconsistent findings based on
the same evidence
oImportant for res judicata, issue estoppel and Anshuns estoppel
Requires applicant to bring forward all relevant and related issues
JOINING P AND D – rr 6.19-6.18
oJoining plaintiffs:
Must have:
Cause of action arising out of the same transaction or series of
transactions;
At least one common questions of law or fact
Court may give leave to join – r 6.19
Can occur at commencement or during proceedings (6.24)
If proceedings have been commenced separately, they can be consolidated – r
Must CONSENT – 6.25
Can be named as D without consent
oJoining D:
Same requirements as P
Can be joint, several or alternative
oTRANSACTION:
Bendir v Anson – building of the house was the transaction, meaning they were
all part of one series of transactions
Payne v Young – each imposition of a penalty/fine is its own transaction
oCOMMON QUESTIONS OF LAW AND FACTS:
Dean Wilcox – liquidation was not the underlying factor allowing joinder
Substantial similarities in the questions of law and fact that may arise
formed the reason for joining the proceedings
oIncreased time efficiency, costs efficiency, no chance of
embarrassment of the court
JOINING CAUSES OF ACTION – rr 6.18-6.22
oRule 6.18 – relatively undemanding
Only requirement is that they are suing and being sued in the same capacity
Example – personal v personal
No meaning of cause of action
No restriction on the type or number of causes of action
oCourt has regard to the production of a just, quick and cheap resolution – s 56 CPA
oCourt may order separate trials – r 6.22 (or r 6.19)
Respondent must show it is in the interests of justice for the causes of action,
which are joined by right, that the ordinary situation should not be applied in this
case
PARTIES UNDER A DISABILITY:
oRules 7.13-7.18:
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Week 9 lecture causes of action, parties and. Generally, more effective to be heard in one proceedings: time effectiveness, risk of embarrassment to the court, caused through inconsistent findings based on the same evidence, important for res judicata, issue estoppel and anshuns estoppel. Requires applicant to bring forward all relevant and related issues. Joining p and d rr 6. 19-6. 18: joining plaintiffs: Cause of action arising out of the same transaction or series of transactions; At least one common questions of law or fact. Court may give leave to join r 6. 19. Can occur at commencement or during proceedings (6. 24) If proceedings have been commenced separately, they can be consolidated r. Can be named as d without consent: joining d: Can be joint, several or alternative: transaction: Bendir v anson building of the house was the transaction, meaning they were all part of one series of transactions.
