Including causes of action inconveniently etc
202 Including causes of action inconveniently etc
This rule applies if the court considers that including a cause of action in a proceeding—
may unfairly prejudice another party; or
may delay the conduct of the proceeding; or
is otherwise inconvenient.
The court may—
order separate trials; or
make any other order (including about costs) it considers appropriate.
Examples for par (b)
1 an order for costs in favour of a party for attending a part of a trial in which the party has no interest
2 an order relieving a party from attending a part of a trial in which the party has no interest
3 an order staying the proceeding against a defendant until the trial between the plaintiff and another defendant is decided, on condition that the defendant is bound by the findings of fact in the trial against the other defendant
The court may make an order under this rule on application by a defendant to the proceeding or on its own initiative.
Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
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