Johnston v Johnston - [1991] 2 NZLR 608

Practice and procedure — Striking out proceedings — No relief claimed against first defendant — Whether plaintiff may bring first defendant in and keep him in - "Those whom it is sought to bind by any judgment therein" - Person "whose presence . . . necessary to enable the Court effectually and completely to adjudicate upon and settle all questions involved in the proceeding" - High Court Rules, RR 4, 74, 76 and 97.

Practice and procedure — Striking out proceedings — Prayer for relief by way of declaration — Jurisdiction — Plaintiff did not sue on any agreement made or evidenced in writing and disavowed any reliance on Declaratory Judgments Act 1908, s 3 - Whether Court so clearly had no power to grant a declaration in ordinary proceedings that that part of the statement of claim should be struck out at the outset — Declaratory Judgments Act 1908, ss 2 and 3.

Practice and procedure — Striking out proceedings — Observations on lack of usefulness of declaration as a consideration for striking out the prayer for relief before trial; and the use of a declaration where the plaintiff's plea is based on a joint right resisted by the defendant.