NO AMENDMENT.

Auckland Star, Volume LXVII, Issue 243, 13 October 1936, Page 11

NO AMENDMENT.

STATEMENT OF - DEFENCE.

APPEAL COURT DECISION. (By Telegraph.—Press Association.) - , WELLINGTON, Monday. Delivering judgment in the Court of Appeal in the case, Gower against Cornford, heard on September 17, the actingChief Justice, Sir John Reed, stated that the case was an appeal from the judgment of Mr. Justice Smith, by which appellants, as administrators of the estate of Benjamin Gower were adjudged to pay to respondents the sum of £3400, with interest, in respect of a second mortgage originally given by Benjamin Gower, deceased, to Percy Alexander Gillies, deceased, of whone estate respondents were the executors. The matter immediately before the Court of Appeal was a motion by respondents for special leave to amend their pleadings by adding a clause to their statement of defence, alleging new ground for defence and for leave to call further evidence in support of such jiew defence. The Court was of opinion that if the leave sought were granted in the present case it would be going further than there was any precedent for in the authorities. It was held that the evidence should not be admitted, and that leave to amend the statement of defence should be refused.