Supreme Court Unexpected Adjournment Of £2000 Claim

Press, Volume CI, Issue 29912, 28 August 1962, Page 18

Supreme Court Unexpected Adjournment Of £2000 Claim

Publication of "certain matters that in due course may not be admissible’* caused a part-heard claim for £2OOO for alleged libel to be adjourned yesterday and the jury discharged.

Albert Edward Herbert a farmer, of Waipara (Mr J. F. Burn), claimed £2OOO damages from Stephen Alton Uren. a farmer, also of Waipara (Mir E. S. Bowie, with him Mr J. B. Stringer) for alleged libel arising from an article about nassella tussock printed in the Christchurch ‘‘Star" on February 1 last year. Herbert claimed that Uren made statements in the article which meant that he was doing little to keep his land free of nassella and that he was thereby an idle and bad farmer who had no concern for his neighbours.

He claimed the words were calculated to disparage him in the eyes of his neighbours and that he had been gravely injured in his credit and reputation, and had been brought into public scandal, contempt, and odium. After the jury was empanelled, Mr Justice Macarthur acceded to Mr Burn’s request to discuss a matter in chambers. The hearing

did not begin again until the afternoon, and after evidence was heard from Barry Stratford Nieholl. a journalist, and from Herbert, counsel again saw has Honour in chambers during the midafternoon adjournment. When the hearing resumed Air Bum asked that the jury be discharged and the action adjourned, because it had been found during the adjournment! that the evening newspaper had printed certain matters that m due cobrse might not be admissible at the hearing.

His Honour said it was unfortunate that it had occurred, and he was quite clear in his mind that he would ha ve to accede to the request.