Ekaton Corporation Pty Ltd v Shahin Enterprises Pty Ltd; William Edwin Hall v British American Tobacco Australia Services Ltd; Fostif Pty Ltd v Campbells Cash and Carry Pty Ltd, Joanne Margaret Gow and 2

The parties involved in this case were Ekaton Corporation Pty Ltd, Shahin Enterprises Pty Ltd, William Edwin Hall, British American Tobacco Australia Services Ltd, Fostif Pty Ltd, Campbells Cash and Carry Pty Ltd, and Joanne Margaret Gow. The dispute centred around the commencement of proceedings under Part 8 rule 13 of the relevant rules, with an issue concerning the irregularity of the proceedings and the status of persons claimed to be represented. The matter was heard in the Supreme Court of New South Wales. The legal issues the court had to decide included whether persons claimed to be represented were already "parties" to the proceedings within the meaning of the rules, and whether an application to add such persons as parties under Part 8 rule 8 (1) (b) was valid. The application also sought to rely on Part 8 rule (2) (b), the inherent jurisdiction of the Court, and section 81 of the Supreme Court Act.

The court's reasoning focused on the interpretation of Part 8 rule 11 (3) (b) of the rules, which provides that where a party is added in any proceedings, the date of commencement of the proceedings as far as concerns the party shall be the date on which the amendment adding them as a party is made. The contention was that the references to "a party [being] added" did not encompass a situation where a party was already represented, albeit irregularly, by proceedings commenced under Part 8 Rule 13. The court considered the purpose and effect of the rule and concluded that the reference to "a party [being] added" did not exclude cases where the party was already represented, albeit irregularly, by proceedings commenced under Part 8 Rule 13. Consequently, the court allowed the applications to add the relevant persons as parties and to amend the originating process in respect of them.