Homestyle Pty Ltd v City of Belmont & Anor

[1999] WASCA 59

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Parties
3. › Joinder
4. › Test for joinder of party under O 18 r 6(2)(b)
5. › Whether rights of party seeking joinder directly affected by orders that may be made
6. › Whether tenderer's interests directly affected by determination of existence of contract between principal and rival tenderer
7. › Rules of the Supreme Court (WA), O 18 r 6(2)(b)
1. Practice and Procedure
2. › Parties
3. › Joinder
4. › Consequences of proceeding to judgment in absence of necessary party
5. › Whether judgment should be set aside and retrial ordered
1. Practice and Procedure
2. › Appeal
3. › Leave to appeal out of time
4. › Whether delay prejudicial
5. › Whether interests of justice require leave be granted
1. Contract
2. › Government contracts
3. › Tender process
4. › Obligation of fair dealing
5. › Whether contract awarded in breach of fair dealing obligation void or voidable
6. › Builders Registration Act 1939 (WA)

Quick Take

A rival tenderer whose interests may be affected by the determination of whether a contract exists between the principal and another tenderer has a direct interest sufficient to support joinder under O 18 r 6(2)(b). Where a matter proceeds to judgment in the absence of a necessary party, the appropriate remedy is to set aside the judgment and order a retrial. The proposition that a contract awarded in breach of a fair dealing obligation in the tender process may be void or voidable was left open as properly arguable.