Catchwords:

PRACTICE – parties – misjoinder – third respondent to appeal died after appeal commenced – appellant challenged findings that worker was injured and that appellant was employer – third respondent contingently liable in event that appellant established that third respondent was the deemed employer – neither appellant nor third respondent had paid workers compensation insurance premiums – Nominal Insurer liable to indemnify worker but entitled to recovery from employer – risk that estate of third respondent might contest Nominal Insurer’s entitlement to recover if not joined to this litigation – certainty that joinder of third respondent’s estate would involve expense and time – many circumstances in which joinder would serve no end – third respondent removed from proceedings