A TARDY ACTION

Dominion, Volume 23, Issue 45, 16 November 1929, Page 16

A TARDY ACTION

JUDGE SETS LIMIT Wanganui, November 15. His Honour, Mr. Justice MacGregor presided at tiie Wanganui Supreme Court to-day, when the case of Eric Geo. Benson, motor driver, against Kwong Chong, market gardener, was mentioned. The claim was for damages arising out of a collision between a motor lorry and a motor cycle at the corner of Spier and Seddon Streets on April 4 last. Mr. V. B. Willis intimated that affidavits had been tiled in support of the plaintiff's application that a re-trial of the case, ordered for the present session, should be deferred to the February sitting. Mr. Izard said there was nothing in the affidavit to show that plaintiff was in a worse state of health than in August, when the case was first tried. He contended that the trial should take place nt this sitting and that defendant now had the right to have the case struck out. “ Mr. Willis submitted that the state of his client’s health prevented him from going to the trial and, further, be had not the funds to enable a jury to be called and the case to be disposed of. His Honour said he thought he should take a middle course. He made an order that unless plaintiff proceeded with the case at the February sitting, the action be dismissed, with costs.

Costs £2/2/- were allowed in favour of defendant, with disbursements.