Territory Pastoral Company Pty Ltd & Ors v Elders Ltd

[2009] NTSC 69

Supreme Court of the Northern Territory

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Interrogate

Catchwords

1. Practice and Procedure
2. › Parties
3. › Joinder of parties
4. › Joinder of assignee as plaintiff
5. › Whether joinder or substitution appropriate where validity of assignment disputed
6. › Rule 9.06
1. Practice and Procedure
2. › Parties
3. › Substitution of parties
4. › Assignment of cause of action
5. › Whether substitution excludes joinder
6. › Rule 9.09(2)
1. Practice and Procedure
2. › Parties
3. › Joinder of parties
4. › Remedial construction of joinder rules
5. › Whether Rule 9.06 to be given widest beneficial interpretation
1. Practice and Procedure
2. › Pleading
3. › Alternative pleading
4. › Whether assignor and assignee may plead claims in the alternative on same cause of action

Quick Take

Where the validity of an assignment of a cause of action is disputed and the opposing party refuses to admit the assignment, joinder of the assignee as an additional plaintiff under Rule 9.06 is the appropriate course rather than substitution, with claims to be pleaded in the alternative. Rule 9.06 and Rule 9.09(2) provide overlapping powers and joinder is not excluded merely because substitution may be more appropriate in a given case.