WILLIAMS v Grainger

The plaintiffs in Supreme Court action 1171 of 2000 sought an order consolidating that proceeding with Supreme Court action 2156 of 2000 and District Court action 237 of 1999. The proceedings arose out of a property transaction. The plaintiffs sought consolidation on the basis of common origin, common parties, and the presence of common evidence. The defendants opposed the application on the basis that the matters in issue were discrete, the proceedings were at different stages, and consolidation would result in unnecessary complexity and expense. The Court considered the principles relevant to the exercise of the discretion concerning consolidation, including the desirability of avoiding a multiplicity of actions, the convenience and desirability of trying issues together, and the risk of inconsistent findings. The Court concluded that there was not a sufficient connection between the issues in the various actions to make it convenient or desirable that the actions be consolidated. The application was dismissed.