APPLICATION FOR A REHEARING

Nelson Evening Mail, Volume LXX, 22 June 1936, Page 3

APPLICATION FOR A REHEARING

DECISION RESERVED An application was heard in the Magistrate’s Court, this morning for a rehearing of the case in which Richard G. Hudson (Mr G. Samuel) was granted £4l 10s damages against Ronald H. Montgomery (Mr W. C. Harley) for damages done to plaintiff’s boat by defendant’s boat. The Magistrate, Mr T. E. Maunsell, S.M., reserved his decision. Mr Harley said that plaintiff won his case solely on the evidence brought by the Johnstons, both as to the collision and the way in which plaintiff’s boat was moored. Mr Harley said that they now had witnesses who would throw doubts upon Johnston’s evidence as to the moorings, and would say that Johnston stated next morning that he was not surprised at the boat breaking away as it was only tied by a piece of cotton. Mr Samuel quoted previous judgments in Supreme Court cases to show what sort of new evidence was necessary to obtain a rehearing. He held that the evidence must be so cogent that if this evidence had been called before the Magistrate would have given judgment for the other party. After hearing argument by counsel the Magistrate reserved his decision.