LIBEL ALLEGED.

Hokitika Guardian, 28 June 1927, Page 3

LIBEL ALLEGED.

THE DAIRY CONTROL CASE. (Australian & N.Z. Cable Association.) WELLINGTON, Juno 25. In the Supreme Court, before bis Honor the Chief Justice, Sir Charles Skerrett, bearing was continued of the case in which .Mr T. M. Timpany, Woodlands, Southland, a member ot the Dairy Produce Board, proceeded against the New Zealand Dairy Produce Exporter Newspaper Company, to recover £2OOO damages for alleged I Doe I, arising front certain articles in the paper. Addressing the Court, Mr Blair commenced by referring to statements made in regard to the Prime .Minister’s telegram. The Chief Justice: I don't think you need address yourself to that subject. In my opinion, subject of course to what l hear from Sir John Findlay, the defence of fair comment is made out.

.Mr Blair submitted that the statement that Mr Timpany had deliberately misled the people of Southland was also fair comment.

The Chief Justice: I don’t think so. I agree with Sir John Findlay that the defence of fair comment is not available to you under your pleadings. How can you read your pleadings to mean that the words commencing with “deliberately” are fair comment? You say you do not justify the word. You say your client unreservedly withdrew the word “deliberately. Mr Blair submitted that they were entitled to rely on the whole paragraph, including the word “deliberately,” as 'being merely comment on the facts as they set them out.

Sir John Findlay, with regard to the telegram, submitted that the facts were incorrectly stated, and for that reason the statements made were not fair comment. Decision was reserved.