Decision Reserved

Sun (Auckland), Volume 1, Issue 81, 27 June 1927, Page 12

Decision Reserved

DAIRY LIBEL ACTION PLEA OF FAIR COMMENT JUDGE CHECKS COUNSEL (From Our Resident Reporter.) WELLINGTON, Saturday. Decision was reserved by the Chief Justice, Sir Charles Skerrett, in the libel action T. M. Timpany versus the Dairy Produce Exporter Newspaper Co., Ltd. Addressing the court, Mr. W. Blair, for the “Exporter,” commenced by referring to the statements made with regard to the Prime Minister’s cablegram. His Honour: 1 don’t think you need address yourself to that subject. From what 1 hear from Sir John Findlay the defence of fair comment is made out. Mr. Blair submitted that the statement that Mr. Timpany had deliberately misled the people of Southland was also fair comment.

His Honour: I don’t think so. I agree with Sir John Findlay that the defence “fair comment” is not available to you under your pleadings. How can you read your pleadings to mean that the words commencing with “deliberately” are fair comment. You say you do not justify the word. You say your client unreservedly withdrew the word “deliberately.” Mr. Blair submitted that they were entitled to rely on the whole paragraph including the word deliberately as being merely comment on the facts as they set them out.

Sir John Finlay, in regard to the cablegram, submitted that the facts were incorrectly stated, and for that reason the statements made were not comment.