Judicature Act 1908

4.3 Defendants

• (1) Persons may be joined jointly, individually, or in the alternative as defendants against whom it is alleged there is a right to relief in respect of, or arising out of, the same transaction, matter, event, instrument, document, series of documents, enactment, or bylaw.

  (2) It is not necessary for every defendant to be interested in all relief claimed or every cause of action.

  (3) The court may make an order preventing a defendant from being embarrassed or put to expense by being required to attend part of a proceeding in which the defendant has no interest.

  (4) A plaintiff who is in doubt as to the person or persons against whom the plaintiff is entitled to relief may join 2 or more persons as defendants with a view to the proceeding determining—

  • (a) which (if any) of the defendants is liable; and

  • (b) to what extent.

  Compare: 1908 No 89 Schedule 2 r 74