PLAYLAND DISPUTE

Evening Post, Volume CXXIX, Issue 59, 9 March 1940, Page 15

PLAYLAND DISPUTE

HEARING APJOURNED

The ■"question -of -;;whether' ;>a:; prima facie case of-.fraudulentmisrepresenta-tion had been made out against Henry SeftY general-manager, and representative in New Zealand of the Double Grip Tubular Steel Devices-, Itfd.,: proprietor of Playlarad, was raised; in the Supreme Court yesterday afternoon by Mr. Justice Smjth, during the; hearing of the third; counter-claxTO againafr the company.' The /.company is. claiming £244 12s 6d;from Sidney Herbert; Ne.Wcombe, -a stallholder, for. rent, and;6ther incidentals, and;Newcombe is 'counterclaiming for £500 damages "for1, misrepresentation. The counter^ claim-of.the defendant in the case, before was withdrawn. - v ■•■ ■ ■ •' ■■■-'■■.-■■ ■■■ ■/■:"; •■■''.. ■

Mr. A. :T.:Young is appearing for the cpmpany. and Mtv Evan .Parry for the defendant. '■"■■;■ ""■'■"■ .. f ■'■'. ' :~. Mr. Parry submitted:-that when- the additions,,as alleged, weremadeto the original plan .of Play land shown, .to Newcombe, he and other stallholders should have: had the opportunity of rescinding their contracts or" taking other action.. .;..-.-;:

His Honour said: the defendant had to. produce facts to show that Seff had been guilty of "deceit—before the contract. Fraudulent misrepresentation' was a serious thing to allege, and the Court waited to give; Mr: Parry every .oppprtunjty of 'Shpwitig from the evidence w.here fraud occurred; but it was no use' going on with a \vhole string, qi evdience if a prima facie case of fraud had not been made out.

Further evidence was' called in" support of the -counter-claim; and after counsel's 7 addresses the case was ad?, journed until M.onday.