Meaning of Sterling

Manawatu Times, Volume 64, Issue 99, 29 April 1939, Page 6

Meaning of Sterling

COURT OF APPEAL DECISION Special to “Times.’’ WELLINGTON, Last Night. The meaning of “sterling/’ so far as it affects the right of appeal from the Court of Appeal to the Privy Council, was given in a reserved judgment by the Court of Appeal yesterday afternoon. The Court held that the provision in the rules, that appeal as of right existed where the amount was £SOO “sterling” or upwards meant English currency —£625 in New Zealand money. The Court was the Chief Justice (Sir Michael Myers), Mr. Justice Ostler, Air. Justice Smith and Mr. Justice Fair. Olive Rita Paterson, of Palmerston North, was awarded £572 6s damages against Dr. Kendrick Dean, also of Palmerston North, for negligent treatment. On the application of Dr. Dean, Air. Justice Quilliam ordered a new trial, but the Court of Appeal ordered that the Supreme Court judgment should stand. Dr. Dean then applied to the Court of Appeal for conditional leave to appeal to the Privy Council. ‘‘lt is necessary in order to obtain an order as of right that the matter in dispute on the appeal amounts to, or is of the value of, £SOO ‘sterling,’ or upwards,” said the judgment of the Chief Justice, Mr. Justice Ostler, and Mr. Justice Smith. “Under present conditions it requires a sum of £625 in New Zealand currency to equal £SOO ‘sterling,’ that is to say, £SOO in English currency. Mr. O ’Leary (counsel for Dr. Dean) contends that the word ‘sterling’ must be disregarded, and that the amount of £SOO in New Zealand currency is sufficient to satisfy the rule. That argument in our opinion is not tenable. . . .”

Referring to the discretionary power to order a new trial when a case was of sufficient general or public importance, the Court found that the case was merely an action between two private citizens.

Mr. Justice Fair agreed with the other members of the Court that £SOO “sterling” meant £625 in New Zealand currency, but considered that there were sufficient grounds for granting special leave to appeal. If the verdict had been for an additional £SO, he said, there could have been an appeal as of right. “The verdict of the jury and the proceedings up to the present date have been published in the ordinary way in the press, and the Court should, I think, have regard to the fact that such a finding is bound to have injured, and to injure, the respondent to some extent in the conduct of his profession,” said his Honour. “The pecuniary loss which the respondent has suffered as a result of this is almost impossible to measure with any accuracy, but it can, I think, be fairly assumed that it will exceed £SO. Such damage arises directly from the verdict. Apart from the pecuniary loss, the respondent desires to remove, if he can, the aspersion on his character.

“With the greatest respect for the opinions of the other members of the Court, 1 think the cumulative weight of these factors provides sufficient ground for granting special leave to appeal. It may well be that special conditions should be imposed if such leave were to be granted; but as the majority of the Court is of opinion that leave should not be given it is unnecessary for us to consider that question.” The application was dismissed.