Northern Territory Consolidated Regulations

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SUPREME COURT RULES - SECT 9.03

Joinder of necessary parties

9.03. Joinder of necessary parties

(1) Except by order of the Court or as provided by or under an Act, where the plaintiff claims relief to which any other person is entitled jointly with him, all persons so entitled shall be parties to the proceeding, and a person who does not consent to being joined as a plaintiff shall be made a defendant.

(2) Where the plaintiff claims relief against a defendant who is liable jointly with another person and also liable severally, that other person need not be made a defendant to the proceeding.

(3) Where persons are liable jointly, but not severally, under a contract and the plaintiff in respect of that contract claims against some but not all of those persons, the Court may stay the proceeding until the other persons so liable are added as defendants.

(4) The Court may make an order under subrule (1) before or after the non-joinder.



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