Quach v ATM Residential Pty Ltd (No 2)

The appeal concerned the joinder of ATM Residential Pty Ltd as a defendant in proceedings brought by the appellant, Quach. The primary judge had ordered the removal of ATM Residential Pty Ltd from the proceedings, finding that it had been inappropriately or unnecessarily joined. Quach appealed this decision to the Supreme Court of New South Wales.

The central legal issue before the Court of Appeal was whether the primary judge had erred in removing ATM Residential Pty Ltd as a defendant. This required the court to determine if there were any facts or a legal basis for maintaining an action against ATM Residential Pty Ltd in the proceedings.

The Court of Appeal found no error in the primary judge's decision. Their Honours concluded that there were no facts or legal grounds to support the appellant's claim against ATM Residential Pty Ltd. Consequently, the joinder of the respondent was deemed inappropriate and unnecessary.

The appeal was dismissed, and the orders of the Supreme Court of 19 August 2022 were confirmed. The appellant was ordered to pay the respondent's costs.