$50 AWARDED

New Zealand Herald, Volume LXXIV, Issue 22900, 1 December 1937, Page 17

SSO AWARDED

libel in circular PLAINTIFF WAIVES DAMAGES SATISFIED \ WITH VINDICATION p. ■ ' "—"—r ' , ' , Cbt tklkgkaph—muss association] . WELLINGTON; Tuesday A verdict for plaintiff company for 400 damages was given by the' j urv in the Supreme Court to-day in the case in wliich the New Zealand National treditinon's Association (Wellington), Limited, proceeded against Dun's Agency (Wellington), Limited, colloetand Htiia Hohepa Dimond. manager of the company, for £2OOO damages for alleged libel contained in a circular issued by' defendant company, which plaintiff contended was lneant. to destroy the credit in which it was held in tlje commercial conir. jnunity. ■ { Defendant company claimed that the occasion was privileged and the expressions of opinion were. fair, comment. A ruling that tho occasion had been one of qualified privilege but that that pin ilego could bo destroyed by proof of malice, was given by the Chief Justice, Sir Michael Myers, who presided, after a motion for a nonsuit had been moved by counsel for defendant company, Mr. O'Leary, on the grounds that the words were incapable of a defamatory meaning. lhe Chief Justice held that prima facie, there wris evidence of malice, inasmuch ap the motive-of the defendant was to benefit itself. He provisionally overruled the application for a nonsuit. Dimond, in evidence, said the circular was sent out partly to prevent plaintiff company from making inroads on defendant company's business. Tlie jury retired at 4.25 p.m v and returned at 5.15 with a verdict for plaintiff company for £SO damages. Mr. Leicester, counsel for plaintiff company, then moved for judgment for costs.but not for damages, saying plaintiff company was' satisfied with vindication. ; - vl - • His Honor entered judgment accordingly, saying it was a very proper and generous course.