Tiao v Lai

[2009] WASCA 169

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Parties
3. › Joinder
4. › Joinder of non-party as appellant on appeal
5. › Whether non-party whose rights directly affected by judgment below may be joined as appellant
6. › Court of Appeal Rules 2004 (WA), r 5
7. › Rules of the Supreme Court 1971 (WA), O 18
1. Practice and Procedure
2. › Appeal
3. › Parties to appeal
4. › Non-party seeking to appeal
5. › Whether leave should be granted to non-party to be joined as appellant

Quick Take

A non-party whose contractual rights are directly affected by declarations and orders made in proceedings to which it was not a party may be joined as an appellant on appeal, applying the same principles that govern joinder in primary proceedings. The power to join parties to prevent injustice extends to appellate proceedings.