LIBEL ACTION IN WAIKATO.

Manawatu Herald, Volume XLVII, Issue 2961, 12 November 1925, Page 2

LIBEL ACTION IN WAIKATO.

DEFENDANT IVINS SECOND SUIT. . ' Auckland, November 10. An action for alpged libel, damages of £IOOO being claimed, was commenced in the Supreme Court before Mr. justice Herdman, the parties being Samuel Charles Gay Lye, of Newstead, farmer, and William Goodfellow, managing director of the New Zealand Co-oper-ative Dairy Company Ltd., defendant. Mr. Giles apepared for the plaintiff and Sir Findlay and Mr. Northcroft for the defendant. The alleged libel was contained in a confidential circular to a supplier of the company. The judge asked Mr. Giles: What is it you complain of in the circular. Sir John Findlay said the only part that referred to plaintiff was: “Samuel Lye is of a different calibre. He is a political adventurer, pure and simple.” Mr. Giles contended that the circular referred to Lye in all cases. His Honour: Supposing he was a member of the anti-control organisation there was nothing in.that. Mr. Giles submitted that the first part of the circular was libellous and that it referred to Lye.

This part of the circular referred to a “determined attempt to wreck the New Zealand Co-opera-tive Dairy Company and the anticontrol organisation saying it therefore had been decided that by fair means or foul their objectives must be attained.”

Sir John Findlay said he proposed to move that the first part of the circular was not libel, but the jury directed Mr. Giles to proceed.

Mr. Giles said he was going to prove that Lye was not a political adventurer and that he did not receive vote of censure at the hands of the Eureka Company’s suppliers as stated in the circular. The effect of the circular was to cause the farmers to consider Lye a traitor.

His Honour: I cannot see it,

Sir John Findlay moved that the ease be withdrawn from the jury.

After legal argument the jury held that there was nothing defamatory in the circular. The ease was withdrawn with costs according to scale.