JUDGE’S STRICTNESS

Hokitika Guardian, 16 June 1932, Page 3

JUDGE’S STRICTNESS

LAWYER IN FAULT. COLLAPSE OF A CASE. 1 AUCKLAND, June 13. A case which came before his Honor Mr Justice Smith to-day collapsed suddenly owing to an important defect in the statement of claim. Stating that the law was most definite on the point at issue, his Honour granted defending counsel’s application for a non-suit. The judge expressed himself strongly on the necessity of cases being properly prepared- ; “Although I might be perfectly prepared to allow the case to go on, L must administer the law ae it stands,”said his Honour. In -this case judg-j ment cannot possibly be obtained unless fraud is specifically alleged. The, statement of claim says simply that the statements were false, but it does not say that they were false- to the knowledge of defendant. It is a disJ tressing thing to see a case- brought thus far and money expended and then for an important technical point to arise—a point which the defence has a perfect right to raise. It means that practitioners have to be ab-1 so-lutely careful. If they intend to. allege fraud they must state it. I hope the solicitor responsible will see to it' that plaintiff is not mulcted in any •cofits on account of what has happened.”