Co-defendant’s presence is necessary to determine issues arising in personal injury proceedings

Application to remove a co-defendant – personal injury proceedings – plaintiff claims to have been sexually abused whilst in school – first named defendant named as agreed nominated representative of a religious order and person responsible for the school – appearance entered - incorrect that he is the agreed nominated representative - has been clear to the plaintiff since before these proceedings were instituted that the first defendant is not the agreed nominated representative – legal principles - suing a religious order or its members - liability of a religious order for acts of its congregation - vicarious liability – application of the principles - first defendant has been sued in a representative capacity rather than as an individual defendant having vicarious liability - has not been nominated by the Christian Brothers and cannot be described as the agreed nominated representative - no obligation to identify a nominated representative - presence is necessary to allow the court to effectually settle all the questions involved in the matter – application refused –