FARTHING DAMAGES AWARD

Greymouth Evening Star, 22 June 1937, Page 5

FARTHING DAMAGES AWARD

NEW TRIAL OPPOSED. [PER PRESS ASSOCIATION.] WELLINGTON, June 21. An interesting case came before the Appeal Court this morning, when an action on appeal was heard against an order for a now trial, in an action by ’Marguerite Metro Wrack, of Auckland, against William John Bekker, of Auckland, a. retired soap manufaci urer.

In the action heard at Auckland in February, before Mr Justice Callan and a jury of 12. Wrack was awarded one farthing damages on a £4OO qlaim. The action ' against Dekker was tor defamatory words allegedly spoken by Dekker about her on November 1(1. The respondent then tiled notice of motion for an order that the v-H’dict. of the jury, in so far as it related to the damages awarded, was against, the weight o" evidence, and Mr Justice (’alltin subsequently ordered a new tiial. Dekker appealed this morning against, this order tor a. new trial on the ground that it was erroneous in I'lint of law. tor the appellant. Mr E. T. Field. Am kland. contended that the order gi tuning the new trial was based on grounds other than those sol forth in the motion, and that as His Honor’s direction to the jury had been approved by counsel at the hearing, tho now tri: l ) could not now be had on the ground that this direction was wrong. The Court reserved its decision.