Appeal Court.

Gisborne Times, Volume VII, Issue 460, 3 July 1902, Page 1

Appeal Court.

By Telegraph—Press Association.

Wellington, last night, Argument in the case of Hohepa Wi Neepe v. Bishop of Wellington and others, was concluded in the Court of Appeal this afternoon, and the Court reserved its decision.

The case of Jellicoe v. Haseltlen is now boing argued before the Chief Justice and Judges Conolly, Denniston, and Edwards. This is a case in which Mr Jellicoe, a Wellington barrister, sues Mr Haseldcn, the Stipendiary Magistrate at Wellington, for slander in respect to words used by the latter when sitting as a member of the Boyal Commission set up to enquire into charges against tho management of the gaol in Wellington. An order was made in the action some time ago that certain questions of law should be argued before the trial, these questions being : First, whether the defendant is not absolutely privileged in respect of the words used by him whilst sitting as a member of tho Boyal Commission ; and secondly whether assuming the action to lie at all, it is not one in which special damage must be alleged and proved. The case was argued before the Chief Justice and Judge Edwards, but no decision was given, and at their suggestion it is now being re-argued before a full Court. The determination of the main point involved depends upon tho question whether the Boyal Commission with powers given by the Commissions Powor Acts, 1867 and 1872, is a judicial tribunal within the meaning of the authorities upon the question of privilege. Messrs Gully and Myers are appearing for the defendant, and Mr Jellicoe in person. Argument will be resumed to-morrow.