Damages For Slander At Licensing Authority Hearing

Northern Advocate, 13 May 1939, Page 2

Damages For Slander At Licensing Authority Hearing

[Special to “Northern Advocate" 1 HAMILTON. This Day.

A ruling that a licensing authority does not have the status of a court of law, and therefore is not subject to absolute privilege under the law of libel and slander, because it is an administrative tribunal only, was given by Mr. S. L. Paterson, S.M., in a reserved judgment. It is understood that this is the first time the question has been determined in New Zealand. The case was heard in Hamilton on December 12, when Richard Claude Kendall, cartage contractor. of Hamilton, claimed £ INO damages from Lawrence Gerard Matthews. secretary of the Auckland Drivers' Union, Plaintiff alleged ihnt during a sitting of the authority, defendant said, inter alia, that Kendall .was not “a fit person to have a license because of the way lie treats his men." “Having regard to the evidence and all the circumstances. I am satisfied the defendant was acting from an improper and malicious motive, and was abusing the occasion." remarked Mr. Paterson, who added that it was clear the words were spoken in relation to plaintiff’s business, and were actionable without proof of special damage. No special damage was alleged or proved, but plaintiff was entitled to presumptive damage.

Before the action, defendant was requested to make a reasonable apology. Although he was given particulars of the statements alleged, the request was ignored. The magistrate assessed damages at £3O, and gave judgment for the amount with costs, solicitors' fees and witnesses’ expenses. The magistrate dismissed a defence motion for a non-suit.