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High Court Wellington
14 August; 1 October 1962
Spratt J.
Court of Appeal Wellington
15, 16, 31 July 1963
North P., Turner J., McCarthy J.
14 August; 1 October 1962
Spratt J.
Court of Appeal Wellington
15, 16, 31 July 1963
North P., Turner J., McCarthy J.
Law Reform — Contribution of tortfeasor — Defendant framing case in manner detrimental to joint tortfeasor — Whether rights against joint tortfeasor thereby prejudiced — Law Reform Act 1936, s. 17
Negligence — Contributory negligence — Plaintiff injured as result of negligence of Crown and of his own agent — Suing Crown for damages — Crown not pleading agency and contributory negligence attributable to plaintiff but issuing third party notice to plaintiff's agent claiming contribution — Finding of negligence against all parties — Procedure followed by Crown detrimental to third party — Whether Crown's claim against third party prejudiced by form of pleadings — Whether just and equitable that it should have judgment against third party for damages proportionate to amount of fault attributable to him — Law Reform Act 1936, s. 17.