LYSNAR CASE

Hokitika Guardian, 15 December 1932, Page 6

LYSNAR CASE

judgment given

AGAINST THE PLAINTIFF

(Per Presr Association — Copyright .l

WELLINGTON, December 15

Reserved decision was delivered today by liis Honour Mr Justice MacGregor, in the Lysnar ease. Judgment was entered for the National, Bank of New Zealand.

fr ills HonomyjOimnent'r’d on the fact nfiiat the writ was not issued till May p3th. of this it was his opinion that it was a matter for extreme regret that it had ever been issued.

His Honour said any confusion or misunderstanding that arose,, was largely due to plain lift's conduct in assuming ,to net as an inteuiediary between the Bank and the Commissioner, while giving, full confidence to neither, of the parties with whom he wag (foaling, and thus, to some exten', deceiving both... Plaintiff, in. his Honour’s opinion, failed to prove that defendant entered into the contract alleged, cither on May 1, 1981, or an any other date. His Honour said hei could not help feeling sympathy for the plaintiff in his-financial misfortunes, but these appeared in the present caiso to have influenced hip better judgment, and had led him to adopt a litigious course, which was foredoomed to failure.

• plaintiff, who w®P"a retired solicitor, appeared to have acted throughout as his own lawyer, and the result, as frequently happened, had boon unfortunate m more ways than one.