Priority between creditors could not be determined in the absence of one of them

Priority of creditors over registered land - interlocutory motion - declaration sought that charge, executed by plaintiffs in favour of investment company may be registered in priority to a judgment mortgage over property - charge lodged for registration subsequent to the registration of the judgment mortgage - three preliminary issues - whether additional relief sought of amendment of endorsement of claim by the addition of similar relief should be permitted in principle or at all - whether relief may be sought by way of notice of motion - whether investment company should be a party to proceedings - further supporting details of proposed amendment is required such as a supporting plea as to fact or as to the legal consequences of those facts - general rule that substantive relief to be sought at ultimate hearing of action - exceptions to general rule set out in RSC but none are met in the present application - final issue - whether a contest as between two creditors should be decided in the absence of one of them - unrealistic to determine an issue in absence of either party - investment company to be added to proceedings should plaintiffs wish to proceed further with their application to amend their endorsement of claim