RE-HEARING SOUGHT

Southland Times, Issue 20146, 5 April 1927, Page 4

RE-HEARING SOUGHT

ACTION FOR RECOVERY OF MONEY. APPLICATION DISMISSED. (Per United Press Association.) Gisborne, April 1.

An application for the rehearing of an action in which Roy Murdock, newspaper reporter, was awarded £lB 4/- against the Australian Provincial Assurance Association in respect of insurance premiums allegedly paid as the result of fraudulent misrepresentations on the part of the company and its agent, Noble Frank Lowndes, was made to the Magistrate, Mr Lewy, to-day. • The grounds of the application were that judgment was wrongly entered against both the company and Lowndes, whereas Lowndes was unserved. Also that new evidence was available as Lowndes was now willing to give evidence. The company’s counsel alleged that Lowndes was unaware the case was proceeding and was therefore unable to defend the accusations against him.

Plaintiff’s counsel, however, refused the letters written by Lowndes (produced in Court) wherein Lowndes stated he had been approached. The company’s solicitor had been asked to assist the defence, but declared he would not have anything to do with it. Further he went to the extent of expressing the sincere hope that Murdock would win the case and offered to assist subsequent actions against the company. Lowndes evidently was a most vacillating individual, changing from one side to another. Having refused an opportunity to appear in the previous case he had no right to ask for a rehearing now. If he desired to clear his character, he would have an opportunity of doing so in a further case for which a writ was being issued immediately. The Magistrate held that the case could be reinstated for the purpose of rectifying the entry of the judgment. It was clear the judgment was given against the company alone, although wrongly entered. Regarding the other point, the letters and affidavits clearly showed Lowndes declined to give evidence for the company owing to a quarrel between them. He now desired to do so to protect himself. It could be said his evidence was not available previously. The application was dismissed with costs.