£2000 CLAIM

Hokitika Guardian, 19 December 1930, Page 3

£2OOO CLAIM

AGAINST N.Z. NEWSPAPERS, LTD. (By Tomgraph— Pr-w WELLINGTON, December 18. Reserved judgment has been delivered by Chief Justice Myers and 1 Judge Ostler, in connection with the issuing of a writ in the ease in which Richard Walter Richards, of Wellington, is claiming damages from the New Zealand Newspapers, Ltd, the proprietors of the “Auckland Star,” and the publisher, Ambrose Charles Lawson. Writs were issued by Richards against the New Zealand Newspapers, and the Sun Newspapers Ltd., and their publishers, £2OOO being claimed in each case, for alleged libel. A summons was then taken out in each case calling on the plaintiff to show cause why ‘an order should not he made setting aside the writ, or, alternatively, changing the place of trial from Wellington to- Auckland. The ground of the summonses in both; cases, was that no material part of the cause of the action arose in the Wellington district. Before taking out summonses the defendants in both cases filed statements of defence in Wellington

Mr Justice Ostler held that the defendants, having, with a full knowledge of theri rights, filed statements of defence, must he held to have waived any non compliance with the rules. The non-compliance was merely an irregularity, and he dismissed the summonses. The New Zealand Newspapers applied to have this judgment reviewed, and further argument was heard by the Chief Justice and Air Justice Ostler. The Chief Justice } said that lie agreed with the judgment. The filing of the statement of defence was a waiver of irregularity, if irregularity there was, and, after taking the step, it was obviously too late for the defendants to move to set aside the writ and have it amended, Mr Justice Ostler said that he left his judgment was right, and he agreed that the motion should be dismissed.