Catchwords:

APPEAL – application for leave to appeal – where leave sought to appeal from interlocutory orders – where orders are case management orders – where primary judge dismissed application for permanent stay of proceedings –where primary judge accepted that respondent could have joined applicant to earlier proceeding but that there were various reasons for not doing so – where insufficient material to say that respondent should have impleaded applicant in earlier proceeding – where primary judge balanced competing private rights and public interests – leave to appeal refused

PRACTICE AND PROCEDURE – application for permanent stay of proceedings – where sequential proceedings with overlapping issues – where earlier proceeding addressed predicate liability relevant to subsequent proceeding – whether subsequent proceeding abuse of process – whether respondent should have joined applicant to earlier proceeding – where respondent could have joined applicant to earlier proceedings – where primary judge accepted that there were “various reasons” for not joining applicant – where primary judge accepted one reason was that respondent sought to maintain commercial relationship with applicant – where primary judge considered than any risk of abuse arising from overlap of issues could be addressed by case management

PRACTICE AND PROCEDURE – whether application for leave an abuse of process – where applicant challenged reasons in two judgments delivered by primary judge – where first judgment temporarily stayed underlying stay application – where second judgment finally determined stay application – where only one application for permanent stay – application for leave not abuse of process