LATE COURT NEWS.

New Zealand Mail, Issue 1190, 21 December 1894, Page 15

LATE COURT NEWS.

THE UNION BANK CASE.

Mr Justice Richmond heard argument on the 19 th upon a motion for a nonsuit im respect of the action brought by Victor Maurice Braund against the Union Bank of Australia to recover ,£ISOO damages—£soo for alleged wrongful dismissal and £IOOO for alleged breach of contract. Mr H. D. Bell (for the defendant Bank) moved for a nonsuit on the following grounds: notice required to terminate the engagement need not terminate at the end of the year. (2 and 3) That the omissions of the plaintiff showed him to have done acts (in regard to the possession of certain documents and making second copies) justifying instant dismissal. As to the second cause of action:—lst. That this was a claim to vary by parol a contract required by law to be in writing. 2nd. As to eth alternative view in the amended defence of a new contract rescinding the old one, that there was no evidence of such rescission, and that the allegation of such rescission was contrary to the express terms of the written document, and that the new document was itself one which was required by law to be in writing. These were all points under the Statute of Frauds. Further points raised were—(a) That the alleged agreement was simply gratuitous; (b) a point of waiver; (c) that the grounds recently discovered for dismissal were such as to prevent the plaintiff from suing on the second cause of action; (d) that the plaintiff’s evidence was not sufficient even if a contract could be made by word of mouth.

Mr Skerrett, in reply, submitted that the contract to determine the rights of the parties was that executed in London, and there was no reason to suppose that the Melbourne agreement was intended to rescind the London agreement, and that the three months’ notice should terjminate at the end of the year, otherwise the words "from year to year” were absolutely meaningless. His Honor reserved' his decision on the motion for the nonsuit until next morning. ...