Maxicrop court hearing

Press, 20 December 1986, Page 2

Maxicrop court hearing

PA Wellington A High Court judge, decided yesterday that the $11.5 million Maxicrop defamation suit will proceed in January. In the High Court at Wellington, Mr Justice Ellis reserved applications for judgment against Bell Booth Group, Ltd. At the conclusion of the plaintiff’s evidence earlier this week, counsel for the At-torney-General, Mr Don Mathieson, Q.C., and the BCNZ, Mr Tom Goddard, both moved for judgment for their clients.

The trial judge also

refused applications by both defendants for security for costs. He said he would give reasons for that if they were required after January 20 when the case will resume.

An application by Mr Mathieson for non suit was refused. When the case resumes on January 20 he is expected to open his case for the first defendant (the Ministry of Agriculture). The case, originally set down to last six weeks, has so far occupied 56 days. The action followed the

screening of a programme of “Fair Go” in 1985 about the product, Maxicrop.

In rejecting Mr Mathieson’s application for non suit the trial judge said that both defendants had produced a large number, of documentary exhibits through the plaintiff’s witnesses.

“On the basis of long standing and high authority where a defendant has produced documentary evidence through plaintiff’s witnesses it is precluded from moving from non-suit,” his Honour said.