Lysnar v. National Bank

Manawatu Times, Volume LV, Issue 7032, 16 December 1932, Page 7

Lysnar v. National Bank

VERDICT FOR DEFENDANT. THE' JUDGE’S COMMENTS Per Press Association. WELLINGTON, Dec. IC. Reserved decision was delivered today by Mr Justice MacGregor in the Lysnar case. Judgment was entered for the National Bank of New Zealand. His Honour commented on the fact that the writ was not issued till May 13th this year, ’and said that, in his opinion, it was a matter of extreme regret that it had ever been issued. His Honour said that any confusion or misunderstanding that arose was largely due to plaintiff’s conduct in acting as intermediary between the Bank and the Commissioner while giving his full confidence to neither of the parties with whom he was dealing and thus to some extent deceiving both. Plaintiff, in his Honour’s opinion, failed to prove that defendant entered into the contract alleged either on May Ist, 1931 or at any other date. His Honour said he could not help feeling sympathy for plaintiff in his financial misfortunes, but these appeared in the present case to have influenced his better judgment and led Mm to adopt a litigious course foredoomed to failure. Plaintiff, who was a retired solicitor, appeared to have acted throughout as his own lawyer and the result, as frequently happened, had been unfortunate in more ways than