TRIAL BY JURY

Dominion, Volume 28, Issue 113, 6 February 1935, Page 6

TRIAL BY JURY

Fairness in Damages Claims MOTORISTS’ ATTITUDE The justice or otherwise of the trial by jury of claims for damages against motorists was discussed at the halfyearly meeting yesterday of the North Island Motor Union. _ A letter had been received from the Commissioner of Transport of New South Wales, where the introduction of compulsory third-party insurance . is contemplated, asking for the opinion of the union on' the operation of the law here. To this the secretary had drafted a reply which be had submitted to the National Roads and Motor Association, New South Wales. The latter organisation had replied asking tlie union to oppose the trial of damages cases by juries, which are said to be biased against persons whom they know must be insured. The subject never having been discussed by the union, the secretary had refrained from taking the action requested and brought the subject up at yesterday’s meeting. The New South Wales suggestion that the association support trial by a judge or a special tribunal was not agreed to. “I think it is a thing we should not meddle with,” said Mr. E. A. Batt, who moved that the letter be received. He said that probably a . special tribunal of experts for the trial of thirdparty insurance cases, such as had been suggested in Australia, could be interfered with by large corporations more easily than any other tribunal. Mr. F. Amoore .(New Plymouth), who seconded the motion, expressed the opinion that it would be unwise and unfair to interfere with the jury system of the country. , Mr. N. R. Bain. (Wanganui) : The jury is one of the fairest tribunals you can get.. Mr. A. Grayson (Auckland) suggested that it could be stated unofficially that, were the introduction of a law being considered in New Zealand now, trial by jury would not be supported, lie pointed out that the tendency of juries to favour claimants made the premiums higher, w-hich was not in the interests of motorists as a whole. “The recent reduction of premiums shows that insurance companies are not losing money, despite their complaints,” replied Mr. Batt.