COURT OF APPEAL.

Auckland Star, Volume LV, Issue 172, 22 July 1924, Page 8

COURT OF APPEAL.

ANOTHER WAIHAKEI CASE. COURT RESERVES DECISION*. (I!y Telegraph.—Press Association.) WELLINGTON? Monday. The Court of Appeal to-day considered the appeal of Arthur Cleave, of Auckland, from a decision of the Supreme Court refusing a new trial against L. : It. \V. McDonald. At the trial of the action at Auckland, McDonald, who had invested 3000 in Wairakei Limited, obtained a verdict against Cleave for i £2000 as damages for misrepresentation Iby the latter's nondisclosure of the fact that he was making £2(5,000 out of the sale of the property to the Wairakei Company, then being formed. Cleave appealed against this verdict. I 3lr. Myers, K.C., who, with Mr. Luxford, appeared for Cleave, contended that the jury had awarded damages on a wrong basis, inasmuch as only the damages suffered by shareholders in the aggregate was £26,000, and McDonald was entitled to his proportionate share of this. I Mr. XortVieroft (for McDonald) contended that the verdict of the jury should be upheld, and that it was open to it, on evidence before it, to adopt the basis , that it did for assessing damages. Judgment was reserved.