Simpson v Carroll Resources Pty Ltd

In *Simpson v Carroll Resources Pty Ltd*, heard before Judge Wilson, the applicant employee alleged adverse action by the respondent employer, specifically the termination of employment. During the trial, the respondent applied to join a witness as a respondent.

The court was required to determine whether to grant the respondent's application to join a witness as a respondent. This involved considering whether such a joinder, made on the fourth day of a four-day trial when only one witness had concluded, would cause unfair prejudice to the applicant. Furthermore, the court had to consider whether refusing the joinder application would give rise to an *Anshun* estoppel or a *res judicata* point that would preclude any later claim against the proposed new respondent.

Judge Wilson dismissed the respondent's application, finding that granting the joinder would cause unfair prejudice to the applicant. The court reasoned that the application was made late in the proceedings and would disrupt the ongoing trial. The refusal of the joinder application was not considered to give rise to an *Anshun* estoppel or *res judicata* in this instance, as the court focused on the prejudice to the applicant and the procedural unfairness of the late application.

The application made by the respondent on 31 August 2016 was dismissed. The matter was adjourned part-heard for further hearing on 6 October 2016 and 11 October 2016.