COURT SURPRISED.

Timaru Herald, Volume XCVIII, Issue 18043, 7 February 1923, Page 8

COURT SURPRISED.

BIG LAWSUIT SETTLED. HIS HONOUR OUT OF WORK. There was quite a mild sensation in tho Supreme Court at Timaru yesterday arising out of a big law5, suit involving thousands of pounds, and as a result His Honour, Mr Justice Adams, was, to put it ■vulgarly, unexpectedly at a loose end for most of the afternoon and for this forenoon. The case Avas that of Gaffaney v. Macaulay and Dick of alleged fraudulent misrepresentation as to the capacity of land purchased by plaintiff from defendants at a cost of £12,000 for which plaintiff claimed £4OOO damages. A special jury was summoned to doal with the case, while some of the Dominion’s leading legal luminaries were briefed for the occasion. For the defendants Mr M. Myers, K.C., with him, Mr L. E. Finch, of Perry, Kinnerney and Finch appeared, and plaintiff Avas represented by Mr O. T. J. Alpers, with him Mr M. J. O’Brien of White and O’Brien. The. case was expected to last two or three days. On tho case being called Mr Myers stated that as a result of conferences Avhich had taken place, it Avas found possible to make an honourable settlement. Defendants had sold a property to plaintiff in 1920, when prices Avere at their utmost height. The result was that plaintiff paid a very high price, though not too much on the basis at which land Avas then assessed. Defendants, correspondingly, did very well out of the sale of the property. Two years later the plaintiff sold out and made a big loss. The defendants Avould have at all times been prepared, to consider iho question of meeting plaintiff if they could have mot on a common ground, but they could not do so Avhilo there was any charge of. fraud. They felt that on the moral point of viotv it Ayns only reasonable and fair to meet plaintiff and reduce his loss.

Charge of Fraud Withdrawn. The result of the conferences Avas the withdrawal of the charge of fraud, and tho defendants Avere paying the plaintiff £IOOO in order to meet him to that extent in the loss tvliioh resulted. It was a case whore, an honourable settlement having been arrived at, and tho charge of fraud withdrawn, there Avas no objection to mentioning to tho Court and public what arrangement Avas made and Avlint defendants had done to meet tho plaintiff. Defendants Avould not meet plain till so long as tho charge of fradulent. misrepresentation remained, but on its removal- they Avere enabled to do so, and a settlement to bo arrived at. _ . . Mr Alpers entirely agreed in the observations of Mr Myers. The case, ho said, could be adjourned until tho next sitting as a matter of form. His Honour said lie had to congratulate tho parties on their settlement. It was an agreeable thing to find that where there was a charge of fraud the ■parties found themselves at liberty to withdraw, and the defendants, recognising a moral claim, were prepared to stand to tho responsibility for it. The case would he struck out of tho list. His Honour indicated that. it Avas very seldom the- Court found itself so unexpectedly with nothing to do. Mr Alpers remarked that there wore” excellent golf links out at Highficld, and a beautiful Bay at Timaru, Ayhich would prove a delight to any visitor with leisure. ' His Honour replied that ho knew of the attractions of .the Highfickl links, Avhose beauties lie had formerly explored, though not b.v playing golf. The question of the payment of the special jury avrs mentioned. His Honour indicated the important assistance given the administration of iustico by'such persons, but remarked that! he had never yet found any tvho were not verv .clad Avhcn they' found a tt r ay out. (Laughter.) No'order as to costs was made, each party hearing its oavh costs.