COMPLICATED LIBEL SUIT.

Greymouth Evening Star, Volume XXXI, 3 May 1901, Page 4

COMPLICATED LIBEL SUIT.

[by ELECTRIC TELEGRAPH.—COPYRIGHT.]

(PER PRESS ASSOCIATION.)

Received this day at 9 2 a.in. h.YDNEY, This Day,

The Chief Justice heard tho applications and set aside a judgement entered in the c iso of Tnomas Carrodoc Ker ry against Herbert James Hart—an action for alleged libel, two thousand b dug claimed as damages,

It appeared from tho affidavit?, Hart in the first place brought an action against Kerry to recover a thousand for alleged fraudulent misrepresentations.

The hearing was adjourned to enable defendant to apply for a commission to England to take evidence. Shortly after the adjournment the defendant in the first suit issued a writ against Hart for alleged libel contained in the report furnished to tho Navigation Department concerning the amount of insurances on, and the sea going qualities of the yacht Ariadne.

Plaintiff in the libel suit failed to file a declaration within tho prescribed time, owing to an alleged mistake on tho part of a clerk in plaintiff’s solicitor office. It was now asked that judgement be set aside and plaintiff allowed eight days to further file a declaration.

The Chief Justice by consent set aside the judgement, the ’ plaintiff, Kerry, to pay costs of setting aside and expanses of present application. Tho action for alleged libel will be stayed, until that for the alleged fraudulent misrepresentation is determined.