Bishop v New Zealand Airline Pilots' Association - [1992] 2 NZLR 237

Practice and procedure — Master — Application for review of Master's decision to strike out defendant from proceeding — Defendant asserting improper or mistaken joinder contrary to allegations in statement of claim — Defendant filing affidavit in support — No evidence from plaintiff — Admissibility of affidavit evidence from defendant — Judicature Act 1908, s 26P(1) - High Court Rules, R 61C.

Practice and procedure — Master — Affidavit evidence — Application to strike defendant out of proceeding — Defendant asserting improper or mistaken joinder contrary to allegations in statement of claim — Defendant filing affidavit in support — No evidence from plaintiff — Whether Court should refer to such affidavit if evidence in dispute or contradicted by pleading.