STILL A MEMBER.

Auckland Star, Volume LX, Issue 40, 16 February 1929, Page 18

STILL A MEMBER.

FEILDLNG CLUB EXPULSION.

S. G. PERRY'S SUIT,

PLAINTIFF'S NAME RESTORED

(By Telegraph.—Special to " Star.")

PALMERSTON N., this day

Stanley Gordon Perry, of Waituna West, is still a member of the Feilding Club (incoroprated). This is the effect of the judgment of Mr. Justice Smith, which was delivered this afternoon following a lengthy hearing of the case brought by Perry against the club in the Supreme Court on Wednesday last. The action was brought following plaintiff's auspension from the club membership following a» committee meeting on November 2, 1928.

It was shown, said his Honor in reviewing the evidence in course of his judgment, that Perry was a prohibited person, and that the club passed a rule debarring such from meihbership. Plaintiff contended that such rule was illegal, inasmuch as the rule could not be made retrospective. The committee then summoned Perry to a special meeting on November 2, where it purported to expel him under another rule on the grounds of gross misconduct on the club premises. At this meeting Perry was not given an opportunity of examining the witnesses agaiest him.

His Honor held that Perry was entitled to examine the witnesses and state his case, and that the withholding of these privileges was such a violation of the principles of natural justice as to allow the court to interfere. His Honor further held that there was no evidence to sustain the allegations of hias that had been made against the committee. After reviewing the facts his Honor proceeded: "The plaintiff claims (a) that the resolution purporting to suspend him from the membership of the defendant club is null and void, and that he is still a member of the club and entitled to the privileges of such' membership; (b) that an order be made restoring plaintiff's name as a member of the club. I make these orders.

"The plaintiff claims (c) an injunction. This claim is not pressed, and no order will be made on the officers of the club undertaking that plaintiff's rights will not be interfered with when established by the above orders.

"Plaintiff also claims (d) £100 damages. He is certainly entitled to some damages for wrongful suspension, but the time was short, and £15 should meet the case."

Plaintiff was awarded costs on the lowest scale.