Leaver v Transport (Nelson) Limited - [1960] NZLR 44

Practice — Joinder of Parties — Test of Right to join a Party — Joinder unnecessary to enable Court to adjudicate upon Issues as pleaded — Joinder refused — Code of Civil Procedure, R. 90.

Practice — Third-Party Procedure — Plaintiff alleging Negligence on Part of Company as vicariously liable for Its Servant's Act causing Death of Plaintiff's Husband, also a Servant of Company — Question whether Such Servant's Negligence Sole Cause or Contributing Cause of Accident arising as between Plaintiff and Company and as between Company and allegedly Negligent Servant — Company Entitled to issue Third-party Notice to Servant — Code of Civil Procedure, R. 95 (c) (2).