NOT FAIR COMMENT

Sun (Auckland), Volume 1, Issue 87, 4 July 1927, Page 12

NOT FAIR COMMENT

JUDGMENT FOR TIMPANY CHIEF JUSTICE’S CENSURE Press Association. WELLINGTON, To-day. Holding that the statement that Thomas Marr Timpany. while a candidate for the Dairy Export Control Board, had deliberately misled the people of Southland was not fair comment, the Chief Justice, Sir Charles Skerrett, in a reserved judgment given to-day, awarded Timpany £2O damage against the “New Zealand Dairy Produce Exporter.” In the second charge relating to criticism levelled at Timpany as a result of his action in disclosing to the Press the contents of cablegrams received by the board from the Prime Minister an d Mr Stronach Paterson, his Honour and that the comment was fair and gave judgment for the defendant companyHis Honour said at the hearing that it had been contended that the words. “Mr. Timpany has deliberately misled the public,” were merely fair comment on the facts set out in the article. 11 that were so, it was plainly no reason why the defendant should plead for the unreserved withdrawal of the charge ol deliberately misleading the public, tm the second charge. His Honour said that Timpany had been guilty of a breach of confidence in divulging the contents of cablegrams to the Invercargill newspapers. They were confidential and had no right to be published without the permission of the boardSuch a course of conduct would render the business of the board impossible, and cause trouble and confusion. Thu* the criticism was fair comment, 11 ruled.