ALLEGED LIBEL

Hokitika Guardian, 10 December 1920, Page 1

ALLEGED LIBEL

PLAINTIFF NON-SUITED

WELLINGTON, Dec. &

A libel action was Commenced before Mr Justice Stringer arid a jury to-day, by Arthur Leigh Hunt, of Wellington, forihcrly general manager of -lie New Zealand Farmers’ Co-operative Distributing Company, against H. Beresford Mannsell, sheep-farmer, of Teiiui, Wairarapa, the claim being for £ISOO damages, for alleged false and malicious statements by defendant against plaintiff iix his office as general manager of the company, and in connexion with the election of directors in 1919. The statement of claim set out that the defendant, who was a candidate with Air Moss for election to Lie directorate, convened a meeting of shareholders in Alastertoh oil January 7th, 1920. At this lie spoke and published the following words about plaintiff: — “Mr T.eigli Hunt asked me to leave the sending of the joint circulars by. myself and Air Moss in Mr Hunt’s hands, and I found that the circulars had not been sent out until a few, days before the election, and after, Sir James’s circular had gathered up all the proxies.” It was submitted that by this defendant find behaved with grave impropriety.

After evidence had -Been heard, coum sel for the defence ashed . for a nonsuit oh the ground that there was no evidence of malice. , His Honour said that the allegedly defamatory statements liad been made on occasions that were admittedly privileged. In that case the onus lay upon the plaintiff to prove that privilege was abused, and that there was expressed malice. The question was whether or not there was evidence to justify the. jury if the matter Were left in its hands, in finding malice. “There must be substantial evidence,” liis Honour added. “I must Confess I cannot see any such evidence.” His Honour accordingly dismissed the jury, and entered a non-suit with costs. .