DAMAGES CLAIM

New Zealand Herald, Volume LXXIV, Issue 22670, 6 March 1937, Page 22

DAMAGES CLAIM

NO NEW TRIAL * ALLEGATIONS OF FRAUD A decision in favour of the defendant has been given by Mr. Justice Callan in au action in the Supreme Court to set aside the verdict of the jury in the claim of Peter Percy Hurlstone (Mr. Noble) for £3022 damages against Harold Oscar Steadinan (Mr. Goldstine). The jury found for the defendant on the ground that both parties had been negligent. . r His Honor said the judgment could not be set aside on the ground of perjury alleged against two witnesses for the defendant. The plaintiff also sought to involve tho principle thnt a judgment obtained by fraud might be set aside. But no ground in procuring tho judgment had been shown. It was alleged that the driver of the defendant's car fraudulently moved the car into a new position and made false representations about it. Even if it were assumed that tho driver did these things, and did them as. agent of the defendant, the difficulty remained that these were not. acts done in the course of procuring the judgment. There was no evidence- that the defendant adopted the driver's acts, if they took place, and even the personal perjury of a successful litigant was not per so a ground for setting aside a judgment. Defendant was entitled to judgment on the second cause of action and tho plaintiff would bo non-suited on the first. Costs and disbursements were allowed defendant.