DOCTOR'S APPLICATION

Poverty Bay Herald, Volume LXVI, Issue 19893, 22 March 1939, Page 5

DOCTOR'S APPLICATION

PRIVY COUNCIL APPEAL DECISION RESERVED (Per Press Association.) WELLINGTON, last night. The Court of Appeal reserved its decision on the application on behalf of Dr. Dean for conditional leave to appeal to the Privy Council against the decision of a Palmerston North jury giving judgment against him on the ground of alleged negligence in respect to the treatment of a patient. Argument involved the question as to whether a sufficient amount was involved to enable the Court of Appeal to give leave, and a further point as to whether the decision of the Court of Appeal upholding the verdict of the jury can be appealed from in this instance. It was submitted on .behalf of the appellant that the question whether Dr. Dean was entitled as of right to go to the Privy Council depended on the construction of the court rules, which allowed such appeal where the matter in dispute was of a value of £SOO. If that £SOO meant £SOO in English currency the appeal as of right did not lie, but if it meant £SOO in New Zealand currency, as counsel submitted it did, then Dr. Dean was entitled to go to the Privy Council. It was contended on the other hand for the respondent that the only view open to the court was that the rule must be construed as meaning £SOO in English currency.