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Hokitika Guardian, 9 July 1924, Page 2

An interesting decision on Court procedure is reported from Wellington, affecting the question. Can a plaint note under certain circumstances be amended? An affirmative reply to this question was contained in the reserved judgment delivered by Mr E. Page, S.M., in the Magistrate’s Court there. Tho case, under review concerned a piocoeding under the Magistrate's Courts Act against the Wellington City Council for alleged breach of award. At the hearing counsel for defendant. Mr .). O’Shea, raised a preliminary point that the proper party to be sued as defendant was the City Corporation or the Mayor, councillors and citizens of the City of Wellington, and it was contended that as the defendant was shown as the Wellington City Council tho ease must he struck out, there being, it was .submitted, no power to amend the plaint note. “Section G 9 of the Magistrate’s Courts Act,’’ proceeded his "Worship, “provides that no misnomer of inaccurate description of any p’ son or place in any plaint or summons or in any subsequent proceeding shall vitiate the same, * provided that the person or place is therein described so as to be commonly known. Sot section 2 gives the court power to amend proceedings so as to cure any misnomer or inaccurate description, and 1 am of opnion that under section GO there was sufficient description of the corporate to enable the court to proceed. The corporate body is commonly referred to as the Welling, ton City Council, and by that title, it is popularly and frequently rcferrci’ to. In the case of Mnlfroy v. Holmes a plaint note described the Rodney County Council as the Rodney C.C., and it was held that with fho reading of that description, together with the statement of the claim, there was sufficient description to lead any ordinary intelligent individual to know that the body which was suing was the chairman, councillors and inhabitants of the County of "Rodney. This case. T think, is authority to justify tho court proceeding with the present case”