LIBEL ACTION

Evening Post, Volume CIV, Issue 46, 23 August 1922, Page 2

LIBEL ACTION

PARAGRAPH IN A MAGAZINE

JURY: AWARDS £150 DAMAGES.

. The hearing of the caee for the defence in the action taken by Victor Maurice. Braund, average adjuster, against .the Accountancy and Educational Publications, Ltd., for the recovery of £600 damages for: libel,, was continued at the Supreme yesterday afternoon before Mr. Justice Sal"-. mond and a jury of twelve. . ; Mr. M. Myers appeared for plaintiff, and Mr. W. Perry for the defence. Plaintiff's claim was based upon a paragraph published in, the magazine , Accounting, Commerce, and Insurance," in the following words: "Short delivery—We have just had. the.misfortune of reading a report by a socalled .adjuster stating. t that .short defjery is always, a'liability, under' the theft and pillage clause. His fee, is' £2 2s!' 'v ■ .... .*':.". Ernest Edward Hammond, insurance manager^ stated 'that he wrote, insurance notes for the publication, inoludlng the paragraph forming the grounds of the present action. Witness had.not seen any report op■■■. the questionl of shortages through pillage, but had had the question brought to his notice very frequently, as the matter was'one which was-then the subject, of many^ inquiries by insurance clerks;- He thought the basis of the.paragraph was suggested to him by ap inquiry by some insurance clerk. He always specially* stipulated that no names should be mentioned in" , cases put before him for elucidation, and in order to remove the paragraph from personalities and to avoid the doing of harm to anyone, the £f'Zs, which was the actual fee charged, in the case set to him, was altered in the paragraph to £2 2s. Witness used the words "socalled" because of the scarcity of" adjusters and the fact that it' was not generally known that there were mich persons..".:,'- ..' . . '";■ '• ■.: . In:answer to Mr,.Myers, witness said that, he, had no intention of hurting Mr. Braund.. He did, nqt know that he was interested. \ ." ■■• "When you found out tßat he did consider himself injured, why did you not put the matter right?"—"lf I had don© bo, I would have had to do the same-for every so-called adjuster in New Zealand." V; . • ;-.-, „.-: „ i^Then you knew,' when, you heard that;Braund complained,, thatj he was not. the' man you-, were hitting at?— "Then why did you not put in an explanation?"—" Why should! give a man I didnot know an advertisement?".: Frederick George Cray,. for 37 years manager ,of the Royal Insurance ' Company, and manager for fifteen years'of the ; local branch, v said that he;.did not know of any marine adjusters in Wellington, though there, were ' assessors. An adjuster was. one qualified to belong to the-Adjusters' Association of London. To his Honour: : He knew of none practising the , profession \of adjuster.. When ah adjuster -acted,'1 his decision \wa» binding on both .parties.', An as-' sessor; merely decided .the value of claimis. . -vY -. . -'■ ■.-■"•"■-.■ ■■'■■'.■■'■'.■'■■''■ r. Evidence was given by managers and officials of,, various t insurance .=. com-.. - panics,: 'none. of whom-t'ihad . heard of Braund as an average until-the present action.' •-■ :■' '■'•., ■' ■.''■'■.4?-'l;:',.f '■'■•■■ .«. -.His Honour- said there were two question's only for the jury to decide— (1) .Whether the statement was..defam-';ato'iy-^"(2).did: it-refer to Braund?' The juse^'ol--Ithea phrase^"so-called"', mighty moan ridicule or, that the person was unqualified. The meaning placed on ;it ;by the defendants was that the. term adjuster, was;: frequently inaccurately japplied- in "Wellington, •but; -:lhe \ jury" must consider the meaning taken by the reader, not that of the' writer. -There could be no reasonable doubt that'the' words "his fee iis £2 2s!" "were defamatory; If the jury decided that the statement could reasonably be applied to Braund by:readers of the magazine, he -was entitled Jo damages. If the ijury thought -that' Braimd had been libelled, nominal damages—although his counsel had merely sought' vindication of his'client'81 character—would hardly meet the case/ v .'"'.'■ "'XT''" .7-'\,'• > The jury returned a verdict for plaintiff for £150 and costs. *