WMC Resources Ltd v Southern Cross Pipelines Australia Pty Ltd & Ors

[2002] WASCA 308

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Parties
3. › Joinder
4. › Right to be joined in action
5. › Whether proposed party's legal rights directly affected by any order made
6. › Whether necessary party for effectual and complete determination
7. › Rules of the Supreme Court 1971 (WA), O 18 r 6(2)(b)
1. Practice and Procedure
2. › Parties
3. › Joinder
4. › Contractual rights potentially rendered nugatory by declaratory relief sought
5. › Whether contractual right to invoke regulated tariff constitutes legal right directly affected
1. Energy and Resources Law
2. › Gas pipelines
3. › Third party access
4. › National Third Party Access Code
5. › State Agreement provisions
6. › Whether Code has effect where material adverse effect on joint venturers' business interests
7. › Gas Pipelines Access (Western Australia) Act 1998 (WA), s 97(4)
8. › Goldfields Gas Pipeline Agreement Act 1994 (WA), s 4

Quick Take

A party whose contractual right to invoke a regulated tariff would be rendered nugatory by declaratory relief sought in proceedings to which it is not a party satisfies the test for joinder under O 18 r 6(2)(b) on the basis that its legal rights would be directly affected by any order made. Once joined, the party is not confined to particular grounds but may litigate on any basis it chooses.