The Rumba - Fed.Ct. of Appeal - 19 March 1982

Whether new plaintiffs entitled to be joined in cargo action

This was an action for loss and damage of a cargo of locomotives carried from Toronto to Yugoslavia. The action was brought within the year as required by the Hague Rules. The plaintiffs had sought to join two railway companies from Yugoslavia as plaintiffs in the action ab initio and nunc pro tunc , and for a further order granting leave to correct the name of the plaintiff FEROELEKTRO SARAJEVO (ZA ZTP SKOPJE). At first instance, the judge denied the application. On appeal to the Federal Court of Appeal: