UNSUCCESSFUL APPLICATION

Hawera Star, Volume L, 19 December 1930, Page 4

UNSUCCESSFUL APPLICATION

VENUE OF COURT HEARING. INCIDENT IN LIBEL ACTION. (by Telegraph—Press Association.) WELLINGTON, Dec. 17. Reserved judgment has been delivered by the Chief Justice, Sir Michael Myers, and Mr Justice Ostler in connection with the issuing of a writ in the case in which Richard Walter Richards, Wellington, is claiming damages from New Zealand Newspapers, Ltd., proprietors of the ‘‘Auckland Star,” and the publisher, Ambrose -Charles Paws on. The writs were issued by Richards against New Zealand Newspapers and Sun Newspapers, Ltd., and their publishers, £2OOO being claimed in each case for alleged libel. A summons was taken out in each case calling on plaintiff'to show cause why an order should not be made setting aside the writ or, alternatively, changing the place of trial from Wellington to Auckland. The ground of the summonses in both eases was that no material part of the cause of the action arose in the Wellington district. Before the taking out of summonses defendants in both cases filed statements of defence at Wellington. Mr Justice Ostler held that the defendonts having with full knowledge of their rights filed statements of defence must be held to have waived any noncompliance with the rules. The noncompliance was merely an irregularity .and 1 he dismissed the summonses. Now Zealand Newspapers applied to have the judgment reviewed and further argument was heard fay the Justme and Mr Justice Ostler. A ■ .Chief Justice said he agreed with the judgment. The filing of the statement of defence was a waiver of the "•regularity if irregularity there was, and after taking that step it was obviously too late for defendants to move to .set- aside the writ and have it amended. Mr Justice Ostler said he felt his judgment was right and agreed that the motion -should he dismissed.