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SAMOAN LIBEL CASE.

NELSON V. THE HERALD.

ACTION DISCONTINUED.

PLAINTIFF'S DECISION.

SPECIAL COSTS TO BE ASSESSED. The action brought by Olaf Frederick Nelson, merchant, of Auckland, and formerly of Samoa, against the New Zealand Herald, claiming £IO,OOO dam-

ages for alleged libel, was discontinued yesterday. The plaintiff had applied on Monday at the- Supreme Court to Mr. Justice Herdman for a postponement of the hearing sine die, on the ground that 11 essential native Samoan witnesses were fugitives fiom the police and were unobtainable. On Tuesday the application was adjourned until the following day in order that the plaintiff might havo time. to obtain a reply to a radiogram which he had sent to his representatives, in Samoa with the object of obtaining from the Administration a safe-conduct for five of the witnesses.

When the hearing was resumed yesterday, His Honor asked Mr. Hall Skelton, counsel for plaintiff, whether he had received any reply to the message.

Mr. Skelton said that he had not. Tho witnesses were essential to his case. In the present state of affairs he had no certainty of being able to obtain them for a hearing in March or even in May. The plaintiff could not enter the ring with his hands tied, and he had no option but to discontinue the action.

His Honor remarked that the plaintiff would be doing the right thing by .discontinuing the action, since there was no certainty as to when the witnesses could be obtained. The discontinuance would not prevent him from resuming the action at any time.

His Honor added that ho hoped the present decision would assist in bringing about peace in Samoa.

Air. Skelton said that there was a movement on loot which, it was hoped, would lead to a settlement of the troubles in the group. Mr. Richmond, for the defendants, said he intended to issue a summons for special costs, in addition to those payable by the plaintiff according to ecale on discontinuance, in view of the enormous amount of work that had been necessary in preparing the defendants' case for trial. His Honor said he would refer the costs to the Registrar for taxation.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NZH19300206.2.138

Bibliographic details

New Zealand Herald, Volume LXVII, Issue 20482, 6 February 1930, Page 13

Word Count
361

SAMOAN LIBEL CASE. New Zealand Herald, Volume LXVII, Issue 20482, 6 February 1930, Page 13

SAMOAN LIBEL CASE. New Zealand Herald, Volume LXVII, Issue 20482, 6 February 1930, Page 13