SUPREME COURT

Dominion, Volume 9, Issue 2762, 4 May 1916, Page 9

SUPREME COURT

LEGAL POINT OF INTEREST

His Honour Mr. Justice Hosking delivered reserved judgment in . the Supremo Court yesterday morning in tho case of Broad v. H.M. tho King. Tho judgment decided a legal point of considerable interest to litigants gaining a. judgment against the Crown. On December 4, 1933. Mrs. Broad, a wi,dow, .in an action against the Crown was awarded £2000 damages and costs oil, account of the death of her husband in' a. railway accident. This judgment-was appealed against, but tho Court of Appeal upheld tho verdict. The case then went, to the Privy Council, where the verdict was again sustained. Owing to tho delay caused by the appeal proceedings the sum awarded to Mrs. Broad \va-s not finallr paid till September 7, 1915. Petitioner claimed that sho was entitled to interest, in. accordance with the Supreme Court rules, from the original date of. judgment to tho data of'the.receipt of tho money. The Crown denied liability to pay interest, and contended that the whole matter was governed by the provisions of the Crown Suits Act. His Honour Mr. Justice Hosking decided that tinder the Crovrn Suits Act. the provision for payment was under a certificate of the Registrar of the Supreme Court, and the onjy amount the Registrar could thus give a certificate for. was the sum actually awarded bv the original Court, and hfl had no authoritv to. add interest to date of payment. Judgment was therefore given for defendant, the Crown. At the original hearing, the' SolicitorGeneral (Mr.'J. W. Salmond. K.C.I appeared for the Crown, and Mr. C. B. Collins for petitioner.

NEW TRIAL REFUSED. His Honour-Mr. Justice Hosking also delivered reserved judgment yesterday ■on a motion for a new trial in the notion of Saitnders v. Weston, recently heard, at New Plymouth. ' Plaintiff, is the general Wanager of tho Toroiialci Amusements, Ltd., and he claimed £1.000 damages from the, "Taranaki Herald" for an alleged libel contained in an article referring to his mnnn"cnient of the hall under fois''control. The jurv found a verdict for the newsnnner, and plaintiff moved for a now trial on the ground that the iury had been misdirected by the Jndf e,' and that tho verdict was against the weight of evidence. :'Mr. M. Myers appeared in. support of the Amotion, 'to wh'ch opposition was raised bv Mr. C. P. Skerrett. K.C., with him Mr. T. S. Weston. Th.e .motion was dismissed.