VERDICT UPSET

Auckland Star, Volume LXXII, Issue 193, 16 August 1941, Page 11

VERDICT UPSET

SALESMAN'S LIBEL ACTION

APPEAL COURT DIVIDED

(P.A.) WELLINGTON, Friday. The Court of Appeal to-day delivered judgment in the case of Simons Proprietary, Limited, and Simons versus Riddell, heard on June 16, in which Simons Proprietary, Limited, brewers, of Paeroa, and W. H. Simons, manager of that company, appealed against the judgment of Mr. Justice Johnston in refusing to upset the verdict of the jury at Auckland, awarding Glendinning Walter Maurice Riddell. salesman, £450 damages in a libel action based on a notice inserted by Simons in the Te Aroha News at the time Riddell's employment by the company ceased in June. 1940.

A majority of the Court, Justices Blair, Kennedy and Xorthcroft, held that, • the advertisement not being libellous of itself, judgment should have been entered for the company in the Supreme Court. The minority, consisting of the Chief Justice, Sir Michael Myers, and Mr. Justice Callan held that the advertisement could be considered libellous by virtue of extrinsic facts, but that there had been improper admission of certain evidence at the trial, and that therefore a new trial should be ordered. Judgment was entered to-day in accordance with the views of the majority of the Court, entering judgment for the company and Simons with the costs in all Courts.