Plant v Calderwood and Another - [1969] NZLR 248

Transport and transport licensing — Motor vehicles insurance (third party risks) — Unidentified motor vehicle involved in accident — Claim for damages — Judgment against nominal defendant obtained and satisfied as to part of claim — Subsequent claim against driver of other car — Order joining nominal defendant as third party — Motion to set aside order — Substantial questions of law as between parties to be determined — Not to be determined on application before Court — Matters properly determinable in course of trial — Motion dismissed

Practice — Parties — Order joining third party — Motion to set aside order — Substantial questions of law arising between plaintiff defendant and third party — Such questions not to be determined on a motion to set aside order joining third party.