› Joinder of corporate and individual plaintiffs — necessary party — r 9.06 Supreme Court Rules 1987 (NT)
Civil Procedure
› Amendment of Pleadings
› Leave to amend — defective pleading of equitable contribution — leave refused in part
Quick Take
1Where a corporate plaintiff's claims substantially overlap with those of natural person co-plaintiffs on core liability issues, and the joinder does not materially increase the defendants' costs exposure, security for costs may be refused notwithstanding the corporation's impecuniosity — the rationale for security (protection against additional costs risk) is significantly diminished in such circumstances.
2A contingent possibility of early disposition through a foreshadowed preliminary issue (here, the effect of a settlement deed) does not justify assessing security for costs on the assumption that overlapping claims will fall away; the court assesses exposure by reference to claims as presently formulated.
3Equitable contribution between co-guarantors may be sought before actual payment where liability is sufficiently imminent (here, default judgment had been entered against one co-guarantor), but the claim must be pleaded as a remedial right arising from the co-obligation, not as a freestanding duty.
