IN FORMA PAUPERIS

Nelson Evening Mail, Volume LXIV, 23 February 1931, Page 5

IN FORMA PAUPERIS

APPEAL TO PRIVY COUNCIL WANGANUI CASE (United Press Association—By Electric Telegraph—Copyright) LONDON, 20th February. The Privy Council has granted leave to appeal in forma pauperis in the case of Benson versus Kwong Chong from the New Zealand Court of Appeal. The case was one in which Eric George .Benson, of Wanganui, a motor driver, proceeded against Kwong Chong, market gardener, claiming £SOO general damages and £134 special damages, following a motor collision. There was i, jury disagreement in Wanganui in August, 1929, but at the next trial the full amount of damages was awarded. A new trial was granted on the ground that the verdict was against the weight of evidence, and the plaintiff in the meantime amended his statement of claim to seek £IOOO general damages, and was awarded £1134. An application was made to strike out the amended statement of claim, and the defendant also moved for judgment, or alternatively for a new trial, on the ground that the answers to the issues were defective and the verdict against the weight of evidence. In September last, the Court of Appeal sent back the case to tlie Supreme Court with instructions to enter judgment for the defendant.