Man Li Zhu v Reebok International Limited

Man Li Zhu (the applicant) sought to have Reebok International Limited (the respondent) joined as a respondent to proceedings commenced by the applicant against a third party. The applicant alleged that the respondent had engaged in misleading and deceptive conduct in contravention of section 18 of the Australian Consumer Law. The application was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the applicant had established a sufficient basis to join the respondent as a party to the existing proceedings. This involved considering whether the applicant had demonstrated a serious question to be tried regarding the respondent's alleged contravention of section 18 of the Australian Consumer Law, and whether it was just and convenient to grant leave to join the respondent.

The court considered the applicant's evidence, which alleged that the respondent had made representations about the quality and origin of its products that were false and misleading. The court noted that the threshold for establishing a serious question to be tried was not a high one, and that the applicant had provided sufficient material to suggest that such a question existed. The court also considered the principles of justice and convenience, weighing the potential prejudice to the respondent against the applicant's interest in pursuing its claim against all relevant parties. The court found that it was just and convenient to grant leave to join the respondent.

The court ordered that the respondent be joined as a respondent to the proceedings.