SCR o 9 - Joinder of claims and parties

Question 1

R9.01 Joinder of claims

Answer 1

A plaintiff may join any number of claims against a defendant—

• whether the plaintiff makes the claims in same or in different capacities; and
• whether the claims are made against the defendant in the same or in different capacities.

Question 2

R9.02 Permissive joinder of parties

Answer 2

Two or more persons may be joined as plaintiffs or defendants if:

• some COMMON QUESTION OF LAW OR FACT would arise in all proceedings if initiated separately; AND
• all rights to relief claimed relate to the SAME TRANSACTION OR SERIES OF TRANSACTIONS; or
• where the Court otherwise gives leave.

Question 3

R9.04 Joinder inconvenient

Answer 3

Notwithstanding rr 9.01 and 9.02, if joinder of claims or of parties may EMBARASS OR DELAY the trial of the proceeding, cause PREJUDICE to any party, or is otherwise inconvenient, the Court may order that—

• there be separate trials;
• any claim be excluded;
• any person joined cease to be a party, with a potential condition that they be bound by the determination of the questions in the proceeding.

Question 4

R9.03 Joinder of necessary parties

Answer 4

Where the plaintiff claims any RELIEF to which any OTHER PERSON is JOINTLY ENTITLED:

• all entitled persons SHALL BE parties to the proceeding; and
• any person who does NOT CONSENT to being joined as a PLAINTIFF shall be made a DEFENDANT.

Question 5

R9.06 Addition, removal, substitution of party

Answer 5

At any stage of proceeding, Court may order that persons be removed, joined or substituted as follows:

JOINED:

• A person who ought to have been joined as a party OR whose presence is necessary to ensure that all questions in the proceeding are effectually and completely determined and adjudicated upon; or
• A person between whom and any party there may exist a question arising out of, or relating to, or connected with, any claim which it is just and convenient to determine as between that person and that party as well as between existing parties;

REMOVED:

• A person who is not a proper or necessary party, whether or not that person was one originally. – Court may order that they cease to be a party.

SUBSTITUTED:

• Court may substitute any of the removed parties with newly joined parties.

Question 6

9.12 Consolidation or trial together

Answer 6

Where two or more proceedings are pending in the Court, and—

• some COMMON QUESTION OF LAW OR FACT arises in both or all of them; AND
• the rights to relief claimed therein are in respect of or arise out of the SAME TRANSACTION OR SERIES OF TRANSACTIONS; OR
• for any other reason it is DESIRABLE to make an order under this Rule—

the Court may order the proceedings:

• be CONSOLIDATED, or
• be tried at the SAME TIME or one immediately after the other, or
• may order any of them to be STAYED until after the determination of any other of them.