CASES STRUCK OUT

Otago Daily Times, Issue 22518, 12 March 1935, Page 6

CASES STRUCK OUT

"FRIVOLOUS AND VEXATIOUS" REVIEW SOUGHT IN FULL COURT (Per United Press Association) WELLINGTON, March 11. A motion for a review of an order by Mr Justice Ostler that his action for maintenance and champerty against a firm of solicitors be struck out as being frivolous and vexatious was made by J. D. Sievwright, a defendant in matters previously before the court, before the Pull Bench of the Supreme Court this afternoon. Sievwright, who was the defendant in two former actions for slander and breach of contract respectively, issued a writ claiming £703 9s 5d damages from Menteath, Ward and Co., alleging maintenance and champerty in connection with two actions, against him. The defendants moved m chambers for Sievwright's action to be struck out as being frivolous and vexatious on the grounds that —(l) The action for slander against Sievwright by R. C. Boddie had succeeded, and (2) that the action by K. C. Boddie and others against Sievwright and others had been settled by the defendants. After a preliminary point of law had been decided in favour of the plaintiffs, Mr Justice Ostler struck out the statement of claim as disclosing no cause of action and as being frivolous and vexatious. It is that order which Sievwright asks the court to review. The case is unfinished.