REVIEW OF AN ORDER DESIRED

Press, Volume LXXI, Issue 21420, 12 March 1935, Page 6

REVIEW OF AN ORDER DESIRED

o CASE BEFORE APPEAL COURT (PR&SS ASaOC.IA.TION TELEGRAM.) WELLINGTON, March 11. A motion for review of an order by Mr Justice Ostler, that his action for maintenance and champerty against a firm of solicitors be struck out as being frivolous and vexatious, was made by J. D. Sievwright, a defendant in matters previously before the court, before the Full Bench of the Court of Appeal this afternoon. Sievwright, the defendant in two former actions for slander and breach of contract respectively, issued a writ claiming £703 9s 5d damages from Menteath, Ward, and Company, alleging maintenance and champerty m connexion with two actions against him. The defendants moved in chambers for Sievwright's action to be struck out as being frivolous and vexatious on the grounds that: (1) The action for slander against Sievwright by R. C. Boddie had succeeded; and, (2) That the action of R. C. Boddie and others against Sievwright and others had been settled by the defendants. After a preliminary point of law had been decided in favour of the plaintiffs, Mr Justice Ostler struck out the statement of claim as disclosing no cause of action, and as being frivolous and vexatious. It is that order that Sievwright asks the court to review. The hearing was adjourned.