CASES BEFORE JURY

Evening Post, Volume CXXVIII, Issue 26, 31 July 1939, Page 11

CASES BEFORE JURY

"VERY UNSATISFACTORY"

LAST-MINUTE SETTLEMENTS

REMARKS BY CHIEF

JUSTICE

The importance of counsel taking prompt action to advise the Court of the settlement of cases so as to avoid unnecessary inconvenience and pecuniary loss to jurors, and also to save the country unnecessary expense, was stressed by the Chief Justice (Sir Michael Myers) in the Supreme Court] today. His Honour's comment was made when, after the jury panel for the week had been sworn in, counsel for the plaintiff in a civil action moved for judgment for an amount which he said had been paid into Court \ last Thursday, plus.costs up to that date. The case was set down for hearing today before a Judge and jury of twelve..

Mr. R. R. Scott, counsel for the plaintiff, explained that he did not receive notice of the payment into Court until after 3 o'clock last Thursday. He applied also for a refund of the jury fees, but said that was a matter which did not so much concern the plaintiff as the defendant.

That application, said his Honour,! would be refused: Counsel might say J that the matter was one that did not1 concern the plaintiff,' but it did, and he was going to say a word or two about the whole happening. He had mentioned it over and over again before. There were present in Court 50 or more men who had been called to the Court as a duty to their country, to assist in the administration of justice by serving as jurors. They attended at considerable personal inconvenience and in some cases at substantial loss, because even the loss of a few shillings might be a substantial loss to a working man. That loss and inconvenience could have bee;n avoided . and should have been avoided.

According to the papers before him £563 4s had been paid into Court on Thursday last and there was no reason whatever, he should suppose, why it could not have been decided on Thursday, or at the latest on Friday, whether or not the amount was to be accepted. If it were to be accepted,

then it was the duty of the plaintiff's solicitor so to inform the registrar, and if the registrar had been notified a notice could have been inserted in the Press and telegrams sent to the jurors that their services would not be required today and that they need not attend. They could then have gone to their respective vocations and done their day's work without inconvenience and without loss.

SUBSTANTIAL LOSS TO STATE

"Not only is there inconvenience and loss to the individual juror," continued his Honour, "but there is very substantial loss to the State, because each and every one of these gentlemen has to be paid a certain amount fixed by regulation and only a very small portion of that amount is recouped to the State by the jury fees which are payable in respect to a particular case. In the result, therefore, these 50-odd gentlemen who are brought here suffer inconvenience and in some cases loss, perhaps substantial loss—'substantial' being a relative term, I admit; in addition to that, the country is put to substantial unnecessary loss and expense. It is very unsatisfactory, and in my opinion it is the duty of members of the legal profession to do their very best to avoid these consequences, and when it is a matter of settlement to negotiate for settlement at an earlier stage and not wait until five minutes before the trial, and/or where there is an amount paid into Court some days before the trial, to make up their minds .as to whether or not that amount is to be accepted." '

Mr. Scott said that so far as the plaintiff was concerned in this particular*' case, the writ was issued •on April 3, and the money had been paid into Court only two working days before the trial. Another point was that the plaintiff was a minor, and his widowed mother lived at Taihape.

A GENERAL STATEMENT,

His Honour replied that his answer; to that was that there were postal services, telegraph services, and telephone services. His Honour told Mr-. Scott that he was sorry that it should fall to his individual lot to have the criticism made in a case in which he appeared, but, of course, added his Honour, he could not help that. He rather welcomed the opportunity of making the general statement in this way, because, as he had said, he had spoken about it over and over again and no doubt one of the other Judges had also. "Please do not think it a | matter of the Judge's inconvenience,"

he continued. "That is immaterial. He has to be here and ready to hear the case, but the Court has to consider as far as it can the convenience of the numerous gentlemen who are called here to assist in the administration of

justice, and it is the duty of the Court and the duty of professional men engaged in cases to see that they suffer as little loss and inconvenience as possible." '.''..

Mr. Scott: I wouldn't for a moment offer any suggestion against what is obviously the true position—

His Honour observed that what he

had' said was not intended to be said with any asperity. His endeavour was to avoid as far as possible inconvenience to jurors and unnecessary expense to the State. By' "unnecessary" he meant expense that could be avoided and should be avoided.

Judgment by consent was entered by his Honour for £563 4s, with costs according to scale up to and including preparation for trial and disbursements, to bo settled by the registrar. The case was one in Avhich William Seaforth McKenzie, suing by his mother, Alice McKenzie, claimed £1705 4s damages, from John William Downey, driver, of Wellington, for injuries allegedly received in a collision on Thorndon Quay last December. Mr. E. Parry appeared for the defendant, and his Honour said after en- ( tering judgment that he thought Mr. Parry was acting generously in not asking for costs for the day against the plaintiff. Before the jurors were dismissed until 10 : aim..tomorrow, his Honour addressed a .few words to. them as they stood waiting in the back of the Court room. "Gentlemen, I am sorry you were inconvenienced," he said, "called here and having a day wasted* but I have already expressed my views, upon that, and I don't propose to say any more."