NEWSPAPER LIBEL ACTION

Taranaki Daily News, Volume LIV, Issue 293, 7 June 1912, Page 5

NEWSPAPER LIBEL ACTION

CONTEMPTUOUS DAMAGES. By Telegraph—Press Association. Palmerston X., Last Night, The action of Stagpoole v. Nash and Coombe, proprietors of the Manawatu Standard, for £IOOO damages for libel in the publication of the statement of defence in the plaintiff's case again=t Piram and Co., in which the latter claime.l justification, was heard before Mr. Justice Chapman and a jury of twf.lve to-day. Mr. C. A. Loughnan appeared for the plaintiff, and Sir John Findlay and Mr. Innes for the defendants. TJjc evidence of Mr. Hewlett, Deputy Registrar of the Supreme Court, was the effect that defendants' chief reporter had asked him for a statement of trie defence for publication, and he refused it. and showed 'him Mr. Justice Williams' judgment in the Dunedin Star case, that publication would be contempt of court. Mr. Thompson, S.M., also warned the reporter and approved of the refusal of permission to copy the doco?aen(, referring him to the solicitors for the plaitniff. These were telephoned to, and they refused, but the statement of defence was subsequently published with a statement of claim containing the written in to make it clear. Sir John Findlay took the point that the plesdings were proceedings within privilege of the 1910 Act, and contended that it was the custom of papers to publish indications of them. He held that the plaintiffs could have aslced his Honor to deal with the Standard for contempt, but not to seek for damages for libel, as they were seeking damages against the proprietors of the Feilding Star in that court. His Honor held that reference to the proceedings in the 1010 Libel Act did not afford privilege for'publication of the pleadings, which only became privileged when published as part of a report of an actual action in court. He held, therefore, that the defendants were not covered by privilege. The jury, after threequarters of an hour's retirement, returned a verdict of libel against the defendants, but allowed one farthing damages. His Honor said that he would follow the usual custom in such cases of not allowing costs.