Wilson v Matheson - [1955] NZLR 927

Practice — Trial — Cross-actions — Mode of Trial — Negligence — Plaintiff claiming £325 in Action for Hearing before Judge and Jury of Four — Action by Defendant against such Plaintiff claiming £9,353 for Hearing before Judge and Jury of Twelve — Actions set down for Hearing at Same Sessions — Judgment in First Action likely to operate as Estoppel in Second Action — Proportion of Fault to be fixed therein without Knowledge of Second Action — Defendant to discontinue Second Action and file Counterclaim in First Action — Claim and Counterclaim to be heard together.