DECISION RESERVED

Poverty Bay Herald, Volume LIII, Issue 16376, 25 June 1927, Page 6

DECISION RESERVED

TIMPANY V. DAIRY PRODUCE

EXPORTER

(Per Press Association.) WELLINGTON, tin's day. Decision was reserved by the Chief Justice, Sir ('has. Skerrett/in the libel .action Tnnpany versus the Dairy Produce Exporter.

Addressing the Court, MY. Blair commenced by referring to statements made with regard t 0 the Premier's telegram. Sir Chas. Skerrctf: 1 don't think you need address yourself to that subject. In my opinion, subject, of course, to what I hear from Sir J. Findlay for the defence, fair comment is made. "out. Mr. Blair submitted that the statement that Mr. Timpany had deliberately misled the people () f Southland was also fair comment.

Sir Chas. Skerrctt: 1 don't think so. I agree with Sir John findlay that the defence of fair comment is not available to you under your pleadings. How on you read your pleadings to mean that words commencing with "deliberately* 5 are fair (comment, You say you do not justify the word. You say your client unreservedly withdrew the' word "deliberately."

Mr. Blair submitted they were entitled to rely on the whole paragraph, including the word "deliberately," as being merely comment on facts, as they set fhein out. Sir John Findlay. in regard to the cablegram, submitted that the frosts were incorrectly stated, and for that reason the statements made were not comment.