Elliott v "The Worker"

NZ Truth, Issue 968, 18 October 1924, Page 3

Elliott v "The Worker"

— * Application for Supreme Court Hearing Dismissed. "The right to try such cases m the Magistrate's Court has been considered,- and was no doubt considered by the Legislature, as an advantage to people of small means, and I do not think that such a right should be set aside unless some strong ground is shown that justice cannot be done. I see none m this action. Indeed, if this removal were granted, every defendant m a libel action would be entitled to get a case tried m the Supreme Court, and the provisions m the Magistrate's Court Act would be thus set aside." In these words, his Honor the Chief Justice concluded a reserved decision delivered m the Wellington Supreme Court this week m which he dismissed, with £2 2s costs, an application by the defendant company to have the action for £100 damages for alleged libel between the Rev. Howard Elliott and the "New Zealand Worker" set down for hearing m the Supreme Court instead of the Magistrate's. The application was put forward on several grounds by Messrs. M. Myers, iv.C, and H. O'Leary on behalf of the defendant company, while Mr. G. G. Watson opposed the application for the plaintiff. The case will, as a result of this decision, come before a Magistrate, probably next week.