VENUE OF COURT HEARING

Taranaki Daily News, 19 December 1930, Page 9

VENUE OF COURT HEARING

'■’V.' . ' DISMISSAL OF SUMMONS. •INCHJENT IN LIBEL ACTION. ( '■ jpy Ttfigraph.— TreM Association. ’ . Wellington, Last Night. Reserved judgment has been delivered ’by the Chief Justice, Sir Michael Myers, A "arid ‘Mr. Justice Ostler in - connection "with the issuing of a writ in the case in which Richard Walter Richards, Wellington, is claiming damages '• from New Zealand Newspapers, Ltd., proprietors of the Auckland Star, and the-publisher, Ambrose. Charles Pawson.' ? . The writs were issued by Richards against New Zealand Newspapers and -Sun Newspapers, Ltd., and their pub* .lis.hers, £2.000 . 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 the action arose in the Wellington district. Before the taking out of summonses defendants, in both - cases filed statements of defence at .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■eompliance with the rules. Tho noneompliance was merely an irregularity And he dismissed the summonses. New Zealand Newspapers applied to have the judgment reviewed and further argument vf»s .heard by the Chief Justice and Mr, Justice Ostler. The Chief Justice saj4 I 1? agreed with the The filing of-the statement of defence J was a; waiver of the irregularity, if irregularity- there, wasj and after taking that step it was obviously too late for de- . fepdanta 'to move to set aside the writ arid’ have It “amended. Mr. Justice Ostler said he felt his Judgment was right and agreed that the motion should be dismissed.