A CLAIM FOR DAMAGES

Evening Star, Issue 20556, 7 August 1930, Page 6

A CLAIM FOR DAMAGES

The full court to-day delivered judgment on the motion brought before it in the case of Clarke v. Ellerman, Bucknall, and Co., and others to review an order made previously by Mr Justice Heed allowing discovery against the Federal Steam Navigation Company in favour of the New Zealand Shipping Company of July 18. Mr Justice Reed delivered the judgment of the full court, holding that the motion should be dismissed and that the order of discovery made by him should stand. fn the course of his judgment Efis Honour said. “It by no means follows from this decision that discovery may be ordered as a general rule between two defendants. All this judgment does is to apply wellestablished principles to the circumstances of the present case and to hold that in those circumstances discovery may be ordered." Costs amounting to £ls Iss, and disbursements, were allowed to the New Zealand Shipping Company. [ln this case Charles Ramgloam Clarke, of Wellington, waterside worker, is proceeding against Ellerman, Bucknall, and Company, Ltd., the Federal Steam Navigation Company, and the New Zealand Shipping Company, Ltd. Tho case arose out of a claim by Clarke for damages for injuries suffered while unloading a ship, of which tho first and second defendants were the- owner and agent respectively. The stevedoring contract was in the hands of the New Zealand Shipping Company. The last-named company was not originally included as a defendant, but was joined on tho application of other defendants,' and the Shipping Company thereupon applied to the court for an order that the other defendants should make discovery on oath as to the documents held by them to the matters in dispute in the action. The order was made on June 25 by .Mr Justice Reed. A motion was brought before the Court of Appeal on July 18 for a review of that order. The question for tho decision of the court was whether the order for discovery could properly be made in New Zealand on the application of one defendant against other defendants.]