ACTION OVER SECTIONS.

New Zealand Herald, Volume LXII, Issue 19124, 16 September 1925, Page 16

ACTION OVER SECTIONS.

COURT ENTERS NON-SUIT.

QUESTION OF NEW. EVIDENCE.

THE MISREPRESENTATION ISSUE.

The normal course of 'the Supreme Court action in which David Meredith (Mr. Cocker) sued James Preston Stevenson (-Mr. Quartley) for £250, or in the alternative £l2B, on the ground of misrepresentation by defendant's agent concerning two sections of Glenwilson Estate, was interrupted -when the case was resumed yesterday. Mr. Cocker, for plaintiff, asked for permission to submit evidence which had jnsfc come to his knowledge.

Mr. Justice Alpers said the request was unusual since plaintiff's case was really concluded.

Mr. Cocker said that as the result of the publication of details of tho first day's evidence he had been advised from two or three sources of cases in which it was alleged ithe agent Holgate had been concerned in similar dealings with other parties. He submitted that this was evidence of ibe agent's system Mid practice. Mr. Quartley said the admission of new en vidence would be unfair and unusual. IV "ifendant had bought about 13 properties thi ough the agent, and had no cause to complain of .the method of. dealing. 11 is Honor: Possibly the agent was paying -your client a compliment by not trying .\nything on. Mr; Cocker contended he was entitled to drsvw the attention 'of the Court to the new evidence. It was unfortunately not available to him at the commencement of the casrt •

His BY> n o r said the application was unusual, ar.nl counsel might prefer to discuss matters in Chambers. When the nature of the nev* evidence was revealed, counsel for defend*-nt might consider the objection should not be pressed. If counsel for plaintiff would indicate the basis of the new evidence it was possible that defendant might welcome the investigation rather th an feel he was winning the case when he .had nnwittingly employed a fraudulent agttf.it. After a discussion between the Judge and counsel in Chambers, Mr. Cocker announced that in view of the circumstances that had arisen h e was prepared to agree to a non-suit. Ho realised the difficulties of tendering the evidence he had just received.

His Honor: I decided against plaintiff's application because .it involved the trying of other issues. It is in the public interest that litigation and applications should havo some finality, although I am satisfied plaintiff's cowisel was quite right to make the application. As the case stands, it is still open in plaintiff's' hands. I had not myself reached a decision on the issue. ' Plaintiff was non-smited, costs being awarded to defendant cm the lower scale.

In the report of the first day's proceedings it was incorrectly stated the sections concerned were on Gl&ndowie Estate. The Glenwilson Estate is situated nearer to St. Heliers Bay.