North West Pilots Pty Ltd as trustee for the Port Hedland Pilots Unit Trust Trading as Port Hedland Pilots v Daniel [No 2]

The Supreme Court of Western Australia in North West Pilots Pty Ltd as trustee for the Port Hedland Pilots Unit Trust Trading as Port Hedland Pilots v Daniel [No 2] addressed the application by the Pilbara Ports Authority (PPA) to be joined as a defendant in proceedings initiated by the plaintiff (PHP) against Captain Daniel. PHP, the sole provider of pilotage services under a contract with the PPA, alleged that Captain Daniel, upon taking employment with the PPA, breached various duties, including contractual, fiduciary, and equitable duties. PHP sought injunctions against Captain Daniel, restricting his activities within the Port of Port Hedland. The PPA applied to be joined as a defendant, asserting its rights and liabilities were directly affected by the proceedings. PHP opposed the application, arguing that no legal interest of the PPA was affected by the orders sought. The court considered the principles of joinder under the Rules of the Supreme Court 1971 (WA), emphasizing the necessity of ensuring all matters in dispute could be effectually and completely determined. The court found that the orders sought against Captain Daniel could directly impact the PPA's rights under its contract with Captain Daniel and the Pilot Services Contract. Consequently, the court allowed the PPA's application to be joined as a defendant, considering the dispute's resolution required the PPA's participation to ensure all matters in dispute could be effectively and completely determined. The court's decision underscored the importance of joinder in achieving a just and complete resolution of the litigation.