New South Wales Consolidated Acts

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1946 - SECT 2

2 Special provisions in relation to certain actions of tort

(1) In an action of tort in any court to which this Part applies the following provisions shall notwithstanding anything contained in any Act which regulates the procedure and practice of the court, have effect:

(a) All persons may be joined as defendants against whom the right to any relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly or severally or in the alternative where if separate actions were brought against such persons any common question of law or fact would arise, and judgment or verdict and judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.

(b) It shall not be necessary that every defendant shall be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against the defendant; but the court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which the defendant may have no interest.

(c) Where the plaintiff is in doubt as to the person from whom the plaintiff is entitled to redress, the plaintiff may join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.

(d) No action shall be defeated by reason of the misjoinder or non-joinder of parties, and the court may in every action deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.

(e) The plaintiff may unite in the same action several causes of action, but if it appear to the court that any such causes of action cannot be conveniently tried or disposed of together, the court may order separate trials of any such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.

(2) The jurisdiction conferred on a court by paragraph (b) or paragraph (e) of subsection (1) may be exercised by a judge of the court sitting either in court or in chambers, or in the case of the Local Court exercising jurisdiction under the Civil Procedure Act 2005 , by a Magistrate.