MINIMUM DAMAGES

Evening Post, Volume CXXXI, Issue 119, 22 May 1941, Page 11

MINIMUM DAMAGES

THREE FARTHINGS AWARDED

INSURANCE COMPANY CASE

Damages amounting to. three farthings were awarded by a jury of twelve in the Supreme Court yesterday afternoon to the Dominion Life Assurance Office of New Zealand, Ltd., which claimed £1100 from the Australian Mutual Provident Society as damages for alleged libel and slander.

The plaintiff's case contained- three causes .pi action, one alleging libel, for which £500 was claimed, and two others, each seeking £300, for alleged slander. On each count the jury found in favour of the plaintiff and awarded one farthing damages.

The foreman of the jury explained that they had decided to award only 3d damages because they thought the executive of the defendant corporation had taken adequate and effective action to make amends for what its agents had done. They intended their verdict to be a moral victory for the plaintiff company, but thought that the company should have been satisfied with the apology that was made and the offer of payment of plaintiff company's legal costs.

The hearing lasted three days and the jury took an hour and 40 minutes to arrive at its decision.

Judgment was entered for the plaintiff, but no order was made concerning costs.

Mr. Justice Ostler presided over the hearing, at which Mr. H. F. O'Leary, K.C., and Mr. A. M. Cousins appeared for the plaintiff, and Mr. P. B. Cooke, K.C., and Mr. W. P. Shorland for the defendant.