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BENCH AND BAR

ALLEGED SLANDER v ABSOLUTE PRIVILEGES OF A JUDGE Mr. Justice Salmond delivered in tile Supreme Court yesterday morning hia riecißion in the case, Patrick Buckley litzherbert v. Frank Oswald Victor Acheson, Judge of the Aotea Maori Land Board. The defendant sought an order dismissing an aotlon for slander on the ground that the same was frivolous and vexatious, and an abuse of the-ipfbcesa of the Court. His Honour held that the Court had inherent jurisdiction to dismiss i-n action on this ground, but -it was a jurisdiction which. oughHo be very sparingly exercised, and only in very exceptional cases. A series of decisions established the general proposition that no/action would be agiinst a Judge for any .icts none , or words Bpoken in his judicial capacity in a Court of justice, It was essential in all Courts that the Judges who were appointed to administer the law Bliould be permitted to administer it under the'jrotection of the law, independently and freely, without favour and without fear. Thiß provision of the law wsb r.ot for the protection or benefit of a malicious or corrupt Judge, but for the benefit of the. public, whoso interest it was that the Judges Bhould be at liberty to exercise their functions ' with independence and without fear of consequences. -It was not necessary that'the statement of claim should be demurrable as allowing no cause of action on the face of it; the facta could be placed before the Court, on .affidavit, and if, on consideration of' those facts, the action was clearly shown Jo be so baseless that the trial of it: would be. a vexatious abuse of ■ the process cf the Court, it might and should .'be dismissed without allowing the plaintiff to .proceed to a hearing. "I am'satisfied," remarked His Honour, "that this condition Ijs. fulfilled in the present case, ar.d that-. tlie defendant is entitled to an order striking put the statement of claim and dis missing the action." : . ' The' Judge then reviewed the circum stances under which the alleged Blander by the defendant occurred, and His Honour said: "The defendant is the president of the.Aolea District Maori Land Board, con. Btituted under the Native Land Act, l?u9, as amended ;by the Native Land Amendment Act, . 1913. The -plaintiff is a barrister and golieitor of .this Court, and sues the defendant for £3COO damages it. respect of defamatory changes of professional miflconduet made against mm ly the defendant at a sitting of the Maori Land Board at Hawera on July 2, m. , I flrd "it proved beyond reasonable question that the wordfl now complained of. were 'used by the defendant in _ •judicial capacity as President of the Maori Land Board while hearing and determining an application for the confirmation of an alienation of Native land by one Ate--mirikura to .one Jame? Suitor M Kay. and that the action is therefore an nttemnt to- malte a judicial officer liable "J damages for words Baid by him, iti the course of the administration of J" B '"*- Concluding, His Honour said thit t there was no question either of law or of fact genuinely in dispute in the action, and that to-allow it to go to trial would be unreasonable ami oppressive. . - His Honour ordered clip ?tatcmont or claim-to be struck out; .and the action to be dismissed;. The T.Wntiil ordered to pay the defendant the <-0«1:b of motion, which were fixed at £10 10s.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/DOM19200908.2.9

Bibliographic details
Ngā taipitopito pukapuka

Dominion, Volume 13, Issue 296, 8 September 1920, Page 3

Word count
Tapeke kupu
571

BENCH AND BAR Dominion, Volume 13, Issue 296, 8 September 1920, Page 3

BENCH AND BAR Dominion, Volume 13, Issue 296, 8 September 1920, Page 3

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