Fenton v Prout and Another - [1965] NZLR 702

Limitation of actions — Action in respect of bodily injuries — Action commenced within limitation period — Second defendant joined on motion of first defendant after expiration of limitation period — When action commenced — Whether second defendant entitled to raise defence that action brought against him out of time — Limitation Act 1950, s. 4 (7).

Practice and procedure — Joinder of parties — Action commenced within limitation period — Second defendant joined on motion of first defendant after expiration of limitation period — When action commenced — Whether second defendant entitled to raise defence that action against him brought out of time — Whether delay in service on such second defendant beyond time allowed by Court nullifies order joining him — Limitation Act 1950, s. 4 (7) — Code of Civil Procedure, RR. 1, 90, 93.