Settlement reached privately

Press, Volume CXV, Issue 33783, 4 March 1975, Page 5

Settlement reached privately

(N.Z. Press Association)

WELLINGTON. A private settlement over damages and costs had been reached between Nathan Dun Mihaka, the plaintiff, and the Wellington Publishing Company, the defendant, Mr Justice Haslam said in a judgment in the Supreme Court. Last year a jury awarded Mihaka $5OOO damages for 1 defamation and his Honour subsequently ordered a new trial on the ground that the award was excessive.

Mr Justice Haslam’s judgment dealt with an application to fix costs as between the defendant company and the third party, Alister Taylor Publishing, Ltd. The judge said he wasj informed that the third patty was in no way involved in the negotiations between! plaintiff and defendant nor asked to contribute to the sum paid. “While judicial restraint prevented me inquiring about the figure reached in that settlement I conclude that due regard was given to my order, for a new trial on the question of damages and that the plaintiff’s claim was 'satisfactorily closed on an : amount considerably below 'the jury’s award,’’ said Mr Justice Haslam.

“I treat the third party as having succeeded on a defence which I regard as more meritorious than a purely technical plea. Justice I will be met in my view if the scale costs I now award to i the third party against the defendant be computed on the middle scale as on a claim for s2ooo.'* ■