ORDER FOR NEW TRIAL QUASHED

Press, Volume LXXXVI, Issue 26121, 25 May 1950, Page 3

ORDER FOR NEW TRIAL QUASHED

JUDGMENT BY COURT OF APPEAL (New Zealand Press Association) WELLINGTON, May 24. The Court of Appeal, consisting of Mr Justice Northcroft. Mr Justice Finlay. and Mr Justice Hutchison, gave a decision to-day allowing an appeal by the Shaw Savill and Albion Company and reversing an order by Mr Justice Cornish for a new trial in a claim brought by Aubrey Bruce Skilton, a waterside worker, of Wellington, against the company. The ground for the company’s appeal was that Mr Justice Cornish erred in fact and law in granting a new trial on Skilton’s motion. which claimed that counsel for the company had asked questions ’□rejudicial to the plaintiff concerning his political affilia-

Skilton had been cross-examined by r E. D. Blundell, for the shipping >mpany. about his position as national ganiser for the New Zealand Comunist Party. Mr Justice Cornish said, in his ruining up, that what Mr Blundell had tempted to show was that if Skilton td another source of remuneration in mg a prominent official of the Comunist movement, and if that moveent paid salaries to such officials, yilton might have been able to earn ;ite substantial sums in the future, as ?rhaps he had in the past. He added at it did not seem as if the top posi)ns in the Communist movement ere carrying' big salaries at present New Zealand and he hoped they ■ver would. The judge said further at the plaintiff’s political opinions id nothing whatever to do with the ; ues before the Court. Skilton’s claim alleged he sustained jury while employed on the corny’s ship Akaroa and that the comny was negligent in permitting oil accumulate on the ship’s deck and at this caused the accident.