WIRELESS CASE.

Evening Post, Volume LXXXIII, Issue 26, 31 January 1912, Page 2

WIRELESS CASE.

MARCONI v. HUDDART PARKER QUESTION OF SECURITY FOR COSTS. An aspect of the litigation between the Marconi Wireless Company, Ltd., a company incorporated in England, plaintiff, and the Huddart, Parker and Company Proprietary, Ltd., of Victoria, doCendant, came beforo Mr. Justice Chapman in Chambers to-day, in the form of a summons by defendant to give security for costs, and to show cau«o why the action should not bo stayed until 6uch sum is paid or security given on the ,ground that plaintiff is resident out of New Zealand. Mr. J. W. Salmond, Solicitor-Gtencral, appeared for the Crown, Sir John Findlay, X.C.. for the Huddart, Parker Company, and Mr. 11. D. Bell, K.C., with him Mr. A. R. Meek, for the Marconi Company. Mr. Salmond aektd that a motion by | him for security on behalf of the Crown, in respect of a similar case, should be adjourned pending decision on .a pi'eliminary point ac to whether the Crown was liable for infringement. His Honour agreed to this, and Mr. Salmond withdrew. Mr. Bell did not dispute the right to security, but he agreed with Sir John Findlay that tho' question was one of amount Sir John Findlay pointed out that the Marconi Company was a, foreign company, which had no registered office- in New Zealand, and no capital or assets here. Security, he contended, must be fixed on the assumption that the defences to be raised were valid and would be litigated. Commissions to take expert evidence abroad were necessary, and he asked that the loweat sum fixed should be £5000. Mr. Bell argued that this was a patent action, and pateht law was practically the same all over the world ;• that the validity of plaintiff's patent, which defendant intimated it was intended to attack, had been established both in England and in the United States, and that security should not be given for this part of the defence. If his clients were ordered to give ■ security for J3300, it would be proper. If the amount asked for were given, it would stop litigation in New Zealand, - ■ Mr. M«k supported Mr. Bell and Sir John Findlay replied. ' His Honour will give his decision in a few days.