Gordian Runoff v Price

The plaintiff, Gordian Runoff, brought an action against Price, the defendant, in the Supreme Court of Victoria. The plaintiff sought to recover damages for breach of contract. The defendant was a director of a company that had entered into a contract with the plaintiff. The plaintiff sought to join the company as a second defendant. The defendant argued that the company should not be joined as there was no effective contradictor and the plaintiff would be prejudiced by the joinder.
The court was required to decide whether the company should be joined as a second defendant. The court considered whether there was an effective contradictor and whether the plaintiff would be prejudiced by the joinder. The court noted that the company had a direct interest in the outcome of the proceedings and was an effective contradictor. The court also considered whether the plaintiff would be prejudiced by the joinder. The court noted that the plaintiff might have to pay the costs of two defendants rather than one if the company was joined as a second defendant. However, the court considered that this was not sufficient to prejudice the plaintiff.
The court held that the company should be joined as a second defendant. The court noted that the joinder was not barred by any rule of law or practice and that the company had a direct interest in the outcome of the proceedings. The court also considered that the plaintiff would not be prejudiced by the joinder if the court imposed a condition on the joinder. The court imposed the condition that the plaintiff would only be liable to pay the costs of one defendant. The court held that this condition would prevent the plaintiff from being prejudiced by the joinder.
The court ordered that the company be joined as a second defendant, subject to the condition that the plaintiff would only be liable to pay the costs of one defendant. The court also ordered that the defendant pay the plaintiff’s costs of the application to join the company as a second defendant.