COURT OF APPEAL.

Manawatu Standard, Volume LX, Issue 136, 9 May 1940, Page 8

COURT OF APPEAL.

„ CHIEF JUSTICE’S COMMENT. Per Press Association. WELLINGTON, May 8. It . has been drawn to the attention of the Press Association that its report of the reserved decision of the Court of Appeal, disallowing the award of £1250 damages to Catherine May Davis against York Hutchinson for breach of promise of marriage may have created a wrong' impression. It is pointed out that the impression' has been raised that the judgment of the Chief Justice criticises the whole of Mr Burnard’s conduct of the case. That is not so and it is to be regretted if any such impression lias been imparted. The criticisms of the Chief Justice related only to part of Mr Burrard’s cross-examination of Mr Jamas Blair, solicitor for Hutchinson, and to certain otlier features by which Burnard permitted himself to be placed in the dual capacity of counsel and witness. In the course of his - judgment His Honour restated the practice of the Bar,’ relative to these matters. It has also been pointed out that the report may imply that the Judges of the Court were unanimous in allowing the appeal. In point of fact the Chief Justice (Sir Michael Myers) and Justices Northeroft and Blair were in favour of allowing the appeal, but Mr Justice Kennedy dissented.