NOMINAL £5 CLAIM

Press, Volume CI, Issue 29860, 28 June 1962, Page 11

NOMINAL £5 CLAIM

Judge Reserves Decision (N.Z. Press Association) WELLINGTON, June 27. Mr Justice McGregor reserved his decision after the final addresses delivered in the Collerton libel action in the Wellington Supreme Court today. He also reserved 'his decision on an application by Collerton at the beginning of his final address for leave to amend his claim to name the defendants ‘‘both jointly and severally.” The action is between Thomas Frederick Collerton. secretary of the Wellington Freezing Works and Related Trades Employees’ Industrial Union of Workers and James William Mac Lean, of Wellington. Archibald C. Dellaway, of Naenae, Russell Mortimer Wickens, of Master - tbn, and James Sneddon, of Carterton, who are executives respectively of the Petone and Waingawa branches of the union. Colterton is claiming a nominal £5 on the grounds that on September 27. 1961, the defendants falsely and maliciously published a written requisition for a meeting which contained the following words: “Business, secretary’s repeated undermining tactics causing unparalleled disharmony throughout the freezing industry. Secretary's, tardiness in carrying out allotted duties.” The defence was one of justification and qualified privilege without malice. The case began last March, continued in the Arbitration Court last week and concluded with today's addresses in the Court of Appeal. Collerton conducted his own case which was not heard before a jury because both sides declined to pay jurymen’s expenses.