SLANDER ACTION

Dominion, Volume 31, Issue 124, 19 February 1938, Page 13

SLANDER ACTION

A.P.A. Association Given

£250 Damages CLAIM AGAINST A.M.P. By Telegraph—Press Association. Invercargill, February 18. Verdict lor plaintiff with £250 damages and costs according to scale was returned by a jury in the Supreme Court to-day in an action for slander brought by the Australian Provincial Assurance Association. Limited, against the Australian Mutual Provident Society. Mr. Justice Kennedy presided. Mr. H. F. O’Leary, K.C., with him Mr. H. J. James, both of Wellington, represented plaintiff. Counsel for defendant. Mr..G. G G. Watson, addressing the jury, Htiid that in this case plaintiff had asked the jury to give £lOOO damages, and Mr. G. R. B. Smith, of Sydney, general manager of the A.P.A., had admitted that his firm did not: want, damages, but soiue- , thing to re-establish its reputation. Even if this were a case where slander was proved, it was, lie submitted, a ease in which not a farthing’s damage was done. These incidents were not. known to anyone but the A.P.A. and Colli? until the A.P.A. forced them to the notice of the public. One matter that always affected damages was whether defendant wirs given a reasonable apology, and he suggested that the apology sought, was one of the most preposterous forms of apology that ever emanated from a lawyer’s office and was calculated to compel litigation. It was advertisement which the A.P.A. sought from the A.M.P. The question at issue was, did defendant at the time and place alleged use the words complained of, The only other issue was, if the words were used, did they have the special meaning plaintiff alleged they had and were they defamatory’' He had drawn attention to an absolute conflict and hopeless contradiction in the documents in the claim. He put it to the jury that the Collies were decent, respectable. hard-working and honourable farmers, and he did not suggest that they were in any way dishonest, but he did suggest that, honest as they were, their evidence was confused and muddled to lack of memory by Collie senior and inexperience by Collie junior and could not be accepted. Mr. O’Leary, addressing the jury, claimed that if they had established that the words had been used the A.M.P. Society had. by the manner of its defence aggravated one hundredfold the wrong it had done to the A.P.A.” We broiight this action to vindicate our own good name,” counsel said, “and to assist our agents, who have to combat these men and protect our policy-holders.” His Honour’s summing up, which began at 12.35, was interrupted by the 1 o’clock adjournment. On resuming at 2.15 his Honour continued his address until 3.20, when the jury retired to consider its verdict The jury returned at 4.50 p.m.