Michael Jack (By his Litigation Guardian Daniel Jack) v Koutsioulis

The plaintiff, Michael Jack, through his litigation guardian Daniel Jack, commenced proceedings against the first defendant for damages arising from a motor vehicle accident. The first and second defendants subsequently named the third defendant, a medical practitioner, in a third party notice. The third defendant applied to join third parties out of time, claiming that these parties were jointly and severally liable for the plaintiff's injuries. The court had to determine whether the application was made promptly and whether it was just for the third parties to be joined.

The court considered the requirements under the Civil Procedure Act 2010 (Vic) section 7 and the Supreme Court (General Civil Procedure) Rules 2015 (Vic) Order 11, which require that applications to join third parties out of time be made promptly and just. The court also weighed the competing rights of the parties involved. The court found that the application was not made promptly and that it was not just to allow the application. The court held that the application was made after a significant delay, which prejudiced the plaintiff, and that the third defendant had not shown any special circumstances that would justify the delay.

The court refused the application to join third parties out of time. The court held that the application was not made promptly and that it was not just to allow the application. The court found that the application was made after a significant delay, which prejudiced the plaintiff, and that the third defendant had not shown any special circumstances that would justify the delay. The court also noted that the third parties had not been given an opportunity to respond to the application, which further supported the decision not to allow the application. The court considered the competing rights of the parties and held that the plaintiff's right to a fair trial and the third parties' right to be joined in a timely manner were both important, but that the balance tipped in favour of denying the application.