APPLICATION DISMISSED

Southland Times, Issue 21273, 19 December 1930, Page 5

APPLICATION DISMISSED

MOTION TO SET ASIDE WRIT. INTERESTING JUDGMENT. (Per United Press Association.) Wellington, December 18. The reserved judgment has been delivered by the Chief Justice (Sir Michael Myers) and by Mr Justice Ostler in connection with the issuing of a writ in the case in which Richard Walter Richards, of Wellington, is claiming damages from the New’ Zealand Newspapers Ltd. (proprietors of the Auckland Star) and the publisher, Ambrose Charles Pawson. Writs were issued by Richards against the New Zealand Newspapers Ltd. and the Sun Newspapers Ltd. and their publishers, £2OOO being claimed in each case for alleged libel. A summons was taken out in each case calling on the plaintiff to show cause why an order should not be made setting aside the writ or alternatively, changing the place of trial from Wellington to Auckland. The ground of the summonses in 'both cases was that no material part of the cause of action arose in the Wellington district. Before taking out the summonses, the defendants in both cases filed their statements of defence in Wellington. Mr Justice Ostler held that the defendants, having with full knowledge of their rights, filed statements of defence, must be held to have waived any non-compliance with the rules. The non-com"liance was merely an irregularity and he dismissed the summonses.

The New Zealand Newspapers Ltd. applied to have the judgment reviewed and further argument was heard by the Chief Justice and by Mr Justice Ostler. The Chief Justice said he agreed with the judgment. The filing of the statement of defence was a waiver of the irregularity (if there was an irregularity) and, after taking that step, it was obviously too late for the defendants to move to set aside the writ and have it amended. Mr Justice Ostler said that he felt his judgment was right and agreed that the motion should be dismissed.