SAMOA LIBEL CASE

Sun (Auckland), Volume III, Issue 905, 24 February 1930, Page 11

SAMOA LIBEL CASE

“HERALD” SUES FOR COSTS SUPREME COURT CLAIM An echo of the discontinued action, in which th© Hon. O. F. Nelson claimed £IO,OOO for alleged libel against the “New Zealand Herald” was heard by Air. Justice Herdman in the Supreme Court today, when the “Herald” applied under a summons for special costs of preparing the defence and for the trial, to be awarded against the plaintiff. The application was supported by Mr. Richmond, with whom Mr. Johnston appeared and Air. Fiddes represented the respondent. Mr. Richmond said the application was made under section 240 A of the Supreme Court code, which dealt with cases which were discontinued and for which the meagre costs allowed under th© scale were obviously insufficient. The defendants asked under the special circumstances that the whole costs, as though the action had gone to trial, be allowed to them and for the removal of the limit of £3OO. Counsel pointed out that the Court was entitled to award 6 per cent, on the first £SOO and 3 per cent, on the balance. Reference to the enormous amount of work that had to be undertaken in preparation for the trial, this including the reprinting of copies of the "Samoa Guardian,” and typing out of the Royal Commission’s report of 500 pages, with indices for every point; the study of the report of the Alandates Commission at Geneva and the extraction of 6*6 leading articles from the “Herald” between 1926-1929, covering the historical position of Samoan affairs. Counsel described the case as unique, at least in the history of Auckland litigation. He added that the rules governing the awarding of costs in New Zealand were so strict that the successful litigant was placed in the position of being unable to recover much of the expense he had been compelled to undertake. He considered that had the action gone to trial it would have lasted a month. Opposing the application, Air. Fiddes described the engagement of three senior counsel for the “Herald” as an unheard-of thing. “When ‘Would you have heard of Sir Edward Carson, Sir Rufus Isaacs and Air. F. E. Smith being engaged in one'case?” lie asked. Air. Richmond: I feel like bowing to my friend. His Honour: Are you speaking of counsel for plaintiff or defendent? (Laughter.) Air. Fiddes went on to state that the case had been discontinued 15 days before the date for hearing. (Proceeding.)