NEWSPAPERS AT LAW

Evening Post, Volume LXXXVII, Issue 43, 20 February 1914, Page 8

NEWSPAPERS AT LAW

APPLICATION FOR INTERROGATORIES DISMISSED CLAIM AMENDED. Further argument was heard to-day in connection with the application o£ the defendant in the New Zealand TimesDominion libel action for "the delivery of the interrogatories. The Chief Justice (Sir Robert Stout] was on the Bench. Mr. C. B. Morison, K.C., and with him Mr. M. Myers, appeared in support of the application, which was opposed by Mr. C. P. Skerrett, K.C. Mr. Skerrett intimated that ne would amend the claim by striking out the alternative cause of action. This left the question to be determined on a claim of general damage. According to his Honour it did not seem that the case was different from any other libel action that might be started. Attention was drawn by Mr. Morison to the following words in the first cause of action : "The plaintiff company has thereby been greatly injured in business, credit, and reputation." His Honour: "Thereby" is a, usual phrase in all libel actions. Mr. Morison : Credit is a little ambiguous. Is "business" a noun or an adjective? His Honour replied that a similar phrase would be found in an ordinary action. ' Counsel for the plaintiff, rejoined Mr. Mon*6on, declined to treat "business" as an adjective, but treated it as a noun. If it were treated as a noun, the defendants were entitled to the interrogatories. Mr. Skerrett pointed out that if he were to answer the question whether "business" was an adjective or a noun, it would cany the question no further. This was a claim for general • damage, and for general damage only. No evidence could be called on the question of damage except such as might be called in an action for general damages. In these circumstances counsel for the defendant company said that it was not necessary to trouble his Honour to coneider the matter any further. The summons was accordingly dismissed, with costs in the cause to the amount of £3 3s.