CLAIM FOR £1700

Dominion, Volume 34, Issue 199, 20 May 1941, Page 5

CLAIM FOR £1700

Action Against A.M.P. Society

LIBEL AND SLANDER ALLEGED

Claiming that libellous and slanderous statement had been made with the intention of misleading three farmers into the belief that its iinaucial position was not sound, the Dominion Life Assurance Office of New Zealand, Ltd.. Wellington, sought damages totalling £l7OO from the Australian .Mutual Provident Society, Wellington, in a Supreme Court action begun in Welliugtou yesterday. The healing, which was conducted before Air. Justice Ostler aud a jury of 12, will be resumed at .10 o’clock this morning and D expected to occupy the whole of today. Plaintiff company was represented by .Messrs. IL F. O'Leary, K.C., and A. M, Cousins. .Messrs. P. B. Cooke, K.C., and W. P. Shorlaud appeared lor defendant corporation.

Plaintiff company alleged that late in April or early in May, 1940, two agents of defendant corporation, G. V. -Anderson and G. 1. AL Porter, gave to 11. P. -Mace, farmer, Waitara written state-, meals relating to plaintiff company's business which were understood to mean that such business was improperly or inefficiently conducted, or that rhe company s financial position was unsound. iu respect of this plaintiff company claimed £5OO damages. It was further alleged that Audersou bad falsely and maliciously referred to plaintiff conipa ay's business as being unsound and £3OO was claimed iu respect of that alleged slander. Similar allegations were n.itdi ugaiu.se defendant corporation regarding written statements handed by Andersen and Porter to W. Hall, farmer, Leppertou, in respect of which two claims for £3OO damages were made. Plaintiff company also claimed £3OO damages arising out i of au alleged slanderous reference said to have been made by Anderson aud Porter to B. L. LotigstalT, farmer, Waitara, reflecting on the soundness of plaintiff company’s financial positiou. Defendant, corporation, in its statement oi. defence, formally denied publication, either written or spoken, of the statements and words’, and pleaded that even if the words were issued, they were not capable of any defamatory meaning. Further, expressions of regret, aud unqualified assurances that, any reflections on the soundness of plaintiff company's financial position would be without foundation, had been given in writing to -Mace, Ball and Longs la ff, and notices to the same effect, bad been published by defendant corporation iu two leading Taranaki newspapers. A cheque for £52/10/-, representing plaintiff company’s legal costs bad been sent to plaintiff company’s solicitors, but ir. had been returned. Defendant corporation therefore pleaded that not only had its actions mitigated any damages, but that plaintiff company had, as a result, suffered no damages whatsoever.