Judgment for supplier

Press, Volume CXV, Issue 33940, 5 September 1975, Page 3

Judgment for supplier

Judgment for §29,380 for Gilmour Kamo, a poultry supplier, against Thomas George Watt, a sickness beneficiary, has been given by Mr Justice Casey in the Supreme Court. The claim arose from the »upply of frozen poultry by Mr Kamo to Mr Watt from November 5 to December 12, 1974. Messrs D. J. Boyle and D. C, Fitzgibbon appeared for Mr Kamo, and Mr J. Cadenhead for the Public Trustee as the statutory manager of the estate of Mr Watt, who has been declared a protected person because of mental illness. His Honour said that the matter first came before him on a motion to set aside a judgment which Mr Kamo had obtained by default, on

February 24, 1975. At that istage a writ had been issued I against Mr Watt personally. I The motion to set the judgement aside and to bring in |the Public Trustee as statutory manager was filed on be-

half of the Public Trustee after Mr Watt had been committed. His Honour said that he made an order setting the; judgment aside, and directed an early trial of the action as it seemed proper that the Public Trustee should have the opportunity of putting Mr Kamo to proof of his claim and also of raising the defence of insanity. He was satisfied that Mr Kamo had proved his claim, his Honour said. He was quite satisfied from the evidence that Mr Kamo did not know of Mr Watt’s mental condition, nor did he know of any facts which would justify his inferring that Mr Kamo had such a knowledge.