CLAIM FOR DAMAGES.

Gisborne Times, Volume V, Issue 97, 3 May 1901, Page 3

CLAIM FOR DAMAGES.

TIIE WRECKED YACHT. By Telegraph—Press Association—Copyright Sydney, Slav 2. The Chief Justice heard an application to set aside judgment entered in theease of Thomas Caradoc Kerry against Herbert James Hart, an action foi alleged libel. .£'2ooo being claimed as damages. It appeared from the affidavits'that Hart in the lirst place brought an action against Kerry to recover EIOOO for alleged fraudulent misrepresentation. The hearing was adjourned to enable defendant to apply for a commission to England to take evidence. Shortly after the adjournment defendant in the first suit issued a writ against Ilart for alleged libel, contained in a report furnished to the Navigation Department concerning the amount of insurances .and on the sea-going qualities of the yacht Ariadne. riaintitY iivftho libel suit failed to hie a declaration within the prescribed time, owing to an alleged mistake on the part of a clerk in plaintiff's solicitor's office. It was now asked that judgment non prosequitur set aside, and plaintiff ahowed eight days further to file a declaration. The Chief Justice by consent set aside the judgment, plaintiff Kerry to pay the costs of setting aside and expenses of the present application. The action for alleged libel will be stayed until that for alleged fraudulent misrepresentation is determined.