FARTHING DAMAGES

Otago Daily Times, Issue 23223, 22 June 1937, Page 10

FARTHING DAMAGES

, SEQUEL TO CLAIM APPEAL AGAINST NEW TRIAL (Per United Press Association) WELLINGTON, June 21. An interesting case came before the Appeal Court this morning when an appeal was heard against an order for a new trial in the action Marguerite Metrewrack. of Auckland, versus William John Bekker, of Auckland, retired soap manufacturer. In the action heard at Auckland in February before Mr Justice Callan and a jury of 12, the former party was awarded one farthing damages in respect of a £4(JU claim on each of two causes of action against Bekker for defamatory words allegedly spoken by Bekker concerning her on November 16. The respondent then filed notice of motion for an order that the verdict of the jury, in so far as it related to damages awarded was against the weight of the evidence. and Mr Justice Callan subsequently ordered a new trial. Bekker appealed this morning against this order for a new trial on the grounds that it was erroneous in point of law For the appellant, Mr E. T. Field of Auckland contended that the ordei granting the new trial was based or, grounds other than those set forth in the motion, and that as his Honor’s direction to the jury had been approved by counsel at the hearing, a new trial could not now be had on the ground that this direction was wrong.

Argument has been concluded, and the court has reserved its decision.