CAES STRUCK OUT

Otago Daily Times, Issue 22519, 13 March 1935, Page 11

CAES STRUCK OUT

"FRIVOLOUS AND VEXATIOUS" REVIEW SOUGHT IN FULL COURT (Per United Press Association) WELLINGTON, March 12. When the Full Court resumed the hearing of the case Sievwright versus Ward and others, the plaintiff Sievwright continued his address. He further criticised the defendant firm of solicitors, contending that his claim was for the expenditure to which he was put in defending the alleged champertous actions taken by Boddie against him. The hearing was adjourned till to-mor-row. A motion for a review of an order by Mr Justice Ostler that his action for maintenance and champerty against a firm of solicitoi's be struck out as being frivolous and vexatious was made by J. D. Sievwright. a defendant in matters previously before the court, before the Full Bench of the Supreme Court. Sievwright, who was the defendant in two former actions for slander and breach of contract respectively, issued a writ claiming £703 9s fld damages from Mententh, Ward, and Co., alleging maintenance and champerty in connection with two actions, against him. The defendants moved in chambers for Sievwright's action to be struck out as being frivolous and vexatious on the grounds that: (1) The action for slander against Sievwright by R. C. Boddie had succeeded, and (2) that the action by R. 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.