THE WAIRAKEI CASE.
VERDICT f-'OR £2o(in.
(Per Press Association.) AUCKLAND, bust night
Late to-night tin* ease concluded in which George Roy' William McDonald, M.E.0., of Sydney', N.S.W., sought to recover £2.700 from Arthur Cleave, publisher, of Auckland, the plaintiff alleging misrepresentation by Cleave in regard to 2.000 £1 shares in Wairakei, Ltd. The .jury returned a verdict for £2OOO in favor of plaintiff. Tile jury found for plaintiff on all the issues put to it. Judgment was given for £2OOO and costs.
HIS HONOR’S SUMMING UP
AUCKLAND, this day
Summing up in the Wairgkei, Ltd., case Mr. Justice Hcrdman said that the ease Cm* McDonald was that he was induced to apply for 2000 shares by certain statements made by ("leave, which he alleged to In* false. ' By reason of the fact that he became the proprietor of those shares, lie alleged that he had suffered a loss of £2SCO. Cleave, on the other hand, stated that In*, had made no representations such as were alleged. The contents of the special partnership agreement between Mrs. Grierson and ('leave wen* not revealed in the prospectus. Nothing was said about Cleave being- in part uership with Mrs. Grierson, and of the fact that if the sale of tin* company was consummated Mrs. Grierson would get £24,000 and Cleave £26.C00. No mention was made of the fact that behind the matter there was first of all a sale by Mrs. Grierson to (leave for £24,000; then- an arrangement. by which (leave, if the company were formed and Ihe property bought, for £50.000, should become entitled to £26,000. The basis of tho action, continued His Honor, was fraud, and fraud meant, dishonesty. It meant cheating; and the burden of. proof of fraud was on the plaintiff. The real issue was exceedingly simple. If they were of opinion that Cleave had been guilty' of no dishonesty they would find! in his favor, but on the ether hand, if they came to tlye conclusion that fraudulent misrepresentations had been made, they would find for the plaintiff. Then it would be a matter of assessing the damages.
A series of questions were put to (lie jurv, who found generally for plaintiff, and* assessed the damages at £2OOO.
Judgment was entered accordingly
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https://paperspast.natlib.govt.nz/newspapers/PBH19240301.2.12
Bibliographic details
Poverty Bay Herald, Volume L, Issue 16370, 1 March 1924, Page 3
Word Count
374THE WAIRAKEI CASE. Poverty Bay Herald, Volume L, Issue 16370, 1 March 1924, Page 3
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