Plant v Calderwood and the Nominal Defendant - [1969] NZLR 752

Transport and transport licensing — Motor vehicle insurance (third party risks) — Passenger in present defendant's vehicle injured — Driver of other vehicle unidentified — Nominal defendant — Both drivers negligent — Judgment in prior action exceeded the $15,000 limit of nominal defendant's liability — Signed judgment based apportionment on $15,000 only — Present action to recover balance of plaintiff's loss — No fresh issue between nominal defendant and present defendant — Transport Act 1962, s. 90E (1) (5) — Law Reform Act 1936, s. 17 (1) (b).