COUNSEL IN KHAKI

Gisborne Herald, Volume LXVI, Issue 20043, 15 September 1939, Page 8

COUNSEL IN KHAKI

APPEAL COURT ACTION ON MILITARY SERVICE (For Press Association.) WELLINGTON, this day. The Court of Appeal to-day presented the unusual sight of a barrister appearing ,in military /uniform instead of the customary wig and gown.

Mr. F. C. Jordan, Auckland, counsel for one of the parties before the court is a lance-bombadier in the first anti-aircraft group of the New Zealand Artillery and had been called up for duty. He obtained leave from the military authorities to appear today as he was counsel in the Supreme Court in the action, but, being subject to military law, he is not permitted to remove his uniform.

Mr. Jordan is appearing for the respondent, William Anceli Reynolds, Auckland, in an appeal brought by Ronald George Orr, of Auckland. The case arose from an action heard on June 10 last in which Reynolds claimed £O4O damages against Orr for injuries he received in a collision between his motor-cycle and a stationary motor car on February 22. ID.'IB.

Reynolds contended that fhis collision was due to the negligent driving of Orr, who drove another motor car on to the road out of a side road as Reynolds approached the intersection, causing him to swerve and strike the stationary vehicle. The jury awarded Reynolds £557 damages. Orr applied to the trial judge, Mr. Justice Fair for judgment, for a non-suit against Reynolds or lor a new trial on the grounds that the verdict was against the weight of evidence and that the judge had misdirected the jury in his summing up.

This application was refused on June 14 and judgment, was entered In accordance with the jury's verdict. To-day’s appeal is from Mr. Justice Fair’s refusal to grant judgment for the defendant, a non-suit or a new trial.

Mr. F. L. G. West, Auckland, is appearing for Orr. The Chief Justice, Sir Michael Myers and Mr. Justice Smith and Mr Justice Johnston are on the bench. The hearing is proceeding.