Coalroc Contractors Pty Ltd v Matinca

In the matter of *Coalroc Contractors Pty Ltd v Matinca*, Burke & Mead Lawyers Pty Ltd sought to be joined as a party to the appeal proceedings. The dispute concerned the joinder of the respondent's former solicitor to the appeal for the purpose of providing a contradictor to the appellant. The application was heard by Adamson JA.

The primary legal issue before the court was whether Burke & Mead Lawyers Pty Ltd should be joined as the second respondent to the appeal. This involved considering the court's power to join a party under Rule 18(2)(c) and Rule 51.4(3) of the Uniform Civil Procedure Rules 2005 (NSW), and the conditions under which such joinder should be granted.

Adamson JA reasoned that joinder was appropriate to facilitate the proper conduct of the appeal by providing a contradictor. The court exercised its discretion to grant leave to file an amended notice of motion and dispensed with service on Troy Matinca. Crucially, the joinder of Burke & Mead as the second respondent was ordered on specific conditions: Burke & Mead would not be entitled to costs if the appeal was unsuccessful, nor would they be liable for costs if the appeal was successful. The court also made no order as to the costs of the motion, requiring both Burke & Mead and the appellant to bear their own costs. Burke & Mead was directed to file and serve submissions on the appeal by a specified date.