COURT APPEAL DISMISSED

Press, Volume XCVII, Issue 28701, 26 September 1958, Page 6

COURT APPEAL DISMISSED

Decision Of Mr Justice Adams (New Zealand Press Association) WELLINGTON, September 25. The Court of Appeal today dismissed an appeal by Alfonsas Kontvainis, of Christchurch, aj machinist, against a decision of Mr Justice Adams, delivered in the Christchurch Supreme Court on April 16, 1958, in which his Honour found for the respondent. Francis Patrick . O’Brien, of Christchurch, a company manager. The litigation was begun by Kontvainis in 1956, when he brought an action for enticement against O’Brien, claiming £1679 19s lOd damages, including £l5OO general damages. Attempts were made to settle this claim out of Court and a sum of money was handed over to Kontvainis’s solicitor in settlement. Kontvainis later repudiated this settlement, saying that at the time it was made he did not understand, by virtue of his limited English, the terms of the settlement and that he did not give his solicitor authority to bind him to such a settlement. Mr Justice Adams held that it did amount to a valid and binding settlement, and it was this judgment which was appealed against by Kontvainis, on the grounds that it was erroneous in fact and in law. The president of the Court of Appeal (Mr Justice Gresson) said that the appeal must pivot on a mistake in fact, and that, for the appellant to be successful, cogent reasons must he given for overruling the trial Judge’s finding of fact. Mr J. G. Leggat, of Christchurch, appeared on behalf of the respondent, O’Brien, but was not called on to address the Court.