Jamsek v ZG Operations Australia Pty Ltd (Joinder Application)

[2019] FCA 1332

FEDERAL COURT OF AUSTRALIA

Jamsek v ZG Operations Australia Pty Ltd (Joinder Application) [2019] FCA 1332

Appeal from:	Application for extension of time: Whitby v ZG Operations Australia Pty Ltd [2018] FCA 1934
File number:	NSD 495 of 2019
Judge:	PERRAM J
Date of judgment:	14 August 2019
Date of publication of reasons:	20 August 2019
Catchwords:	PRACTICE AND PROCEDURE – application for joinder of applicants under Federal Court Rules 2011 (Cth) r 9.05(b)(iii) – where proposed applicants also parties to proceedings in Court below – where appeal submissions already filed – where significant overlap in issues – where respondents claim joinder will cause inconvenience
Legislation:	Federal Court Rules 2011 (Cth) r 9.05
Date of hearing:	14 August 2019
Registry:	New South Wales
Division:	Fair Work Division
National Practice Area:	Employment & Industrial Relations
Category:	Catchwords
Number of paragraphs:	4
Counsel for the Applicants:	Mr A D Crossland with Mr M Cobb-Clark
Solicitor for the Applicants:	Watson Law
Counsel for the Respondents:	Mr S R Meehan
Solicitor for the Respondents:	Agnew Legal

ORDERS

NSD 495 of 2019

BETWEEN:

MARTIN JAMSEK

First Applicant

DANIEL CIVTANOVIC AS TRUSTEE FOR THE BANKRUPT ESTATE OF ROBERT WILLIAM WHITBY

Second Applicant

STEPHEN HUNDY AS TRUSTEE FOR THE BANKRUPT ESTATE OF ROBERT WILLIAM WHITBY

Third Applicant

AND:

ZG OPERATIONS PTY LIMITED ACN 060 142 501

First Respondent

ZG LIGHTING PTY LIMITED ACN 002 281 601

Second Respondent

JUDGE:	PERRAM J
DATE OF ORDER:	14 AUGUST 2019

THE COURT ORDERS THAT:

1.Pursuant to r 9.05(b)(iii) of the Federal Court Rules 2011, Daniel Civtanovic and Stephen Hundy as trustees of the bankrupt estate of Robert William Whitby (the Trustees) be joined as parties to the proceedings.

2.The Trustees and Mr Jamsek have leave to file by 5.00 pm on 15 August 2019 a Further Amended Application for an extension of time and a Further Amended Draft Notice of Appeal in the form annexed to the affidavit of Karen Watson sworn 8 August 2019.

3.The Trustees’ application for leave to extend time to appeal and their appeal be heard concurrently on 26 August 2019.

4.On or before 23 August 2019, the respondents file any further submissions in relation to the application and appeal of the Trustees.

5.The respondents have leave to file after the hearing of the application and the appeal by a date to be determined by the Court any further submissions in response to the oral submissions made by the Trustees at the hearing on 26 August 2019.

6.Costs of the Trustees’ interlocutory application filed 9 August 2019 be reserved.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

PERRAM J:

1. This is an application pursuant to r 9.05(b)(iii) of the Federal Court Rules 2011 (Cth) to join two parties to an application for an extension of time to appeal, which is listed before a Full Court on Monday 26 August 2019, being less than two weeks from today. The joinder of the new parties involves the joinder of new trustees in bankruptcy for one of the parties in the Court below.

2. I am satisfied, on the material before me, that although it is inconvenient to the respondents to meet the addition of these new parties, because of the overlap with the parties already before the Court, that is not irremediable.

3. I note the force of the respondents’ submission that the initial decision not to join these parties was made on legal advice at an earlier time.  Whilst sympathetic to that submission, I think the best time for that to be dealt with is at the actual hearing by the Full Court, rather than by me on a side wind on this application.

4. The costs of and incidental to the interlocutory hearing will be reserved.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Perram.

Associate:

Dated:       20 August 2019