REWARD OF PERSISTENCY

Feilding Star, Volume 9, Issue 3742, 10 June 1932, Page 8

REWARD OF PERSISTENCY

TX A DECAL ACTION TTTH PRIVY COUNCIL (REVERSES N.Z. APPEAL BEXSOX v. CHONG (I’si Press Association ). AA angattui, Juno 10. One of the most important decisions ever received in New Zealand was conveyed by table thi 3 morning to a local solicitor in the protracted litigation, ease, ttcinsoa v, Kweng Cltong. The Privy Council hn s unanimously reversed and trenchantly reviewed the judgment of the New Zealand Court of Appeal. The appellan.t Benson, was awarded the amount claimed and costs. An accident happened to Benson in April, 1929, through a motor cycle collision with Chong’s lorry, driven by Chong’s >son, who is under the age of 16, but had obtained a license. The action had been three times before a jury. On the first occasion the jury panelled was unable to agree, .in the second a verdict in favour of plaintiff was .set aside by the Judge as being perverse and on the third occasion, the jury having gjvcin their .answers to speetific questions, plaintiff and defendant moved for judgment "it Those answers, defendant asking in. the alternative for a new trial. These motions wore by consent removed into the Court of Appeal and the. latter were unanimously of the opinion that judgment should he for defendant. Reason's counsel followed the matter up and obtained leave to appeal to the Privy Council in S'ouiiu pauperis and this appeal was hoard in April last. He has new won by his persistency.