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Supreme Court allows appeal from Court of Appeal, and reinstates an order of the High Court joining a non-party to proceedings for the purpose of making him liable for costs, where he was the controller of a plaintiff company and responsible for the plaintiff being non-suited for abuse of process, on the grounds that the failure to put him on notice of the application to make him liable for costs was only one consideration of the court when making such an exceptional order.
O'Malley J (nem diss): Joinder of non-parties to proceedings - non-parties' liablity for costs - initiating of litigation through an insolvent company - order for costs against 99% shareholder in company - whether shareholder should have been put on prior notice of such an application - clam for payment arsing from building contract - whether non-party could be joined after conclusion of litigation - whether it was reasonable to think that the company could meet an order for costs if the litigation failed - degree of benefit to non-party if litigation was successful - factors relating to the conduct of the proceedings - whether notice was a mandatory pre-condition - direct benefit to non-party - full or partial costs - right to fair procedures - dishonesty of non-party.
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