Dairy Containers Ltd v NZI Bank Ltd - [1993] 1 NZLR 160

Practice and procedure — Parties — Joinder of third parties — Multiple applications to join third parties by three defendants in two actions — One defendant sued in contract — Joinder sought on basis action could in due course also proceed in tort and defendant could then claim contribution from intended third party as a joint tort-feasor — Whether appropriate ground upon which leave to join third parties should be granted — High Court Rules, R 75.

Practice and procedure — Parties — Joinder of third parties — Two causes of action in conversion and negligence against separate defendants — Whether issues were "substantially the same" - Whether question of apportionment "should properly be determined in one proceeding" - High Court Rules, R 75.

Practice and procedure — Parties — Joinder of third parties — Defendants sought to join sole shareholder of plaintiff — Whether cause of action must exist against a proposed third party — Whether shareholder interfered with plaintiff's actions to such an extent that the shareholder could be liable for contributory negligence — Liability of a shareholder — High Court Rules, R 75.

Practice and procedure — Parties — Joinder of third parties — Joint tort-feasors having limited assets — Exercise of discretion — Whether joinder would lead to unnecessary escalation and complexity of proceedings — Whether advantages in joining intended third parties outweighed — High Court Rules, R 75.