Woods v De Gabriele

Woods brought an action against De Gabriele, alleging breaches of statutory duty under the Corporations Act 2001, the Australian Securities and Investments Act 2001, the Fair Trading Act 1999, and common law negligence under the Wrongs Act 1958. The defendants applied to join an additional defendant, claiming that the plaintiff's claim was apportionable and that the additional defendant was a concurrent wrongdoer. The plaintiff opposed the application, arguing that the additional defendant was not a concurrent wrongdoer and that the application was an abuse of process. The Supreme Court of Victoria had to determine whether the additional defendant was a concurrent wrongdoer and whether the plaintiff's claim was apportionable, and if so, whether the application should be granted.

The court held that the additional defendant was a concurrent wrongdoer and that the plaintiff's claim was apportionable. The court noted that the additional defendant was involved in the same transaction or course of conduct as the existing defendants and that the plaintiff's claim was for damages that could be apportioned between the defendants. The court also held that the application was not an abuse of process, as the additional defendant had been aware of the proceedings and had not been prejudiced by the delay in joining. The court granted the application to join the additional defendant.

The court ordered that the additional defendant be joined as a party to the proceeding, and that the existing defendants and the additional defendant be given a reasonable time to file their defences. The court also ordered that the additional defendant be served with the writ and statement of claim and that the plaintiff be given a reasonable time to file a reply to the additional defendant's defence. The court noted that the additional defendant's liability would be determined at the trial, and that the plaintiff's claim would be apportioned between the defendants if the court found that the additional defendant was a concurrent wrongdoer.