STAGPOOLE V. PIRANI AND CO

Taranaki Daily News, Volume LIV, Issue 277, 20 May 1912, Page 8

STAGPOOLE V. PIRANI AND CO

CHANGE OF VENUE GRANTED. By Telegraph—Press Association. Wellington, Friday. By the decision of the Supreme Court to-d.iy, change of venue from Palmerston North to Wellington was granted in the case of Thomas Stagpoole v. Pirani and Co., Limited, and Frederick Pirani. The application was heard by Mr. Justice Cooper arid Mr. Justice Chapman, the judgment of the Court being delivered by the latter. Mr.' A. W.- Blair appeared for -the defeadanft in support of the application, and Mr. Myers for the plaintiff, to oppose. In granting the order the Court said, inter alia, that the action waa fpr alleged libel published in the Feilding Star, owned' and managed by defendants. The plaintiff was a schoolmaster under the Education Board. The alleged libel was headed, "A fraudulent retura aent in by Mr. Stagpoole." The defendFrederick Pirani, 'had taken a reading part iri a I engthy proceeding involving an enquiry into plaintiff's conduct before the Teachers' Court of Appeal in which plaintiff appealed front a decision of the Wanganui Education Board. "We tlfink," said their Honors, "that it is undeniable that the hearing of that appeal caused a great deal of feeling and' considerable excitement ii the district, wide enough to include tße town of Palmerston North, where the enquiry was held."

Referring to the publication in the Manawatu Daily Times of certain affidavits, their Honors said: "It is difficult to see why interlocutory proceedings in such an action should interest the public unless there was already a state of excitement in the district. It seems to ns to accentuate the fact that excitement exists, and we como to the conclusion that it is undeiirable in the interests of justice, and it would not be fair that this case should be tried is Pahnerston. This may be unfortunate for the_ plaintiff, who is not to blame, but it is not in the interests of justice that a trial should take place where such conditions exist." An order was made for the trial at Wellington, with costs £5 ss, costs in the actio&i