Latteria Holdings Pty Ltd v Corcoran Parker Pty Ltd

Latteria Holdings Pty Ltd brought an application against Corcoran Parker Pty Ltd in the Federal Court, seeking to join a third party, Mr O’Brien, to the proceedings. The case involves claims under the Competition and Consumer Act 2010 (Cth) and common law for breach of contract and duty of care. The central issue before the court was whether the proportionate liability provisions of the Wrongs Act 1958 (Vic) apply to the case, and if the state legislation was "picked up" by the Judiciary Act 1903 (Cth) s 79. Additionally, the court needed to determine if s 80 of the Judiciary Act applied and whether there was sufficient evidence that Mr O’Brien is a "concurrent wrongdoer."

The court held that the joinder application should be refused for several reasons. Firstly, section 24AI(3) of the Wrongs Act does not apply due to the operation of sections 79 and 80 of the Judiciary Act 1903 (Cth). Secondly, there was no admissible evidence regarding Mr O’Brien's conduct, and the applicant did not make any allegations against him. Therefore, the court was not satisfied that Mr O’Brien is a "concurrent wrongdoer." The court also considered it was not appropriate to exercise its discretion under r 9.05 to join Mr O’Brien, as the only party whose interests might be prejudiced if he were not made a party is Mr O’Brien himself, and he does not wish to be a party.

ORDERS:
1. The application for joinder is refused.
2. The respondents pay the applicant’s costs of and incidental to the application.