Suit ‘without foundation’

Press, Volume CXV, Issue 33777, 25 February 1975, Page 13

Suit ‘without foundation ’

(N:Z: Press Association) AUCKLAND. An elderly man’s $125,000 breach of contract action against the principals of an Auckland law firm was totally without foundation and should never have been brought, Mr Justice Mahon ruled in the Supreme Court at Auckland. His Honour said that notwithstanding Hastings D’Oyly Snow’s status as an undischarged bankrupt, he would take the unusual course of awarding costs of $5OO to the three defendants.

Mr Snow, aged 74, who appeared for himself in the action, had originally named Leslie John Kendall. Raymond John Kendall, William Wilson, Roderick Milton Douglas Stem, Derek H. D. Holland and J. Martin Strong, all Auckland soligi-

tors practising as Kendall and Wilson, as defendants to the claim. His Honour ruled that only Messrs Kendall and Wilson were concerned with the action. The other three defendants were struck out of the claim as they joined the firm after the relevant dates. His Honour found that the three defendants had carried out all Mr Snow’s instructions in respect of a mortgage of $15,731 to A.B.C. Homes (1962) Ltd. Mr Snow.had claimed that the defendants had breached his contract with him and as a result he had been judged bankrupt in October, 1965. The defendants denied all j allegations, and after hearing jevidence from Mr Snow and for the defendants, his Honour found that the facts were exactly as the defence i witnesses had given.