MEMBER v. CLUB

Timaru Herald, Volume CXL, Issue 20294, 18 December 1935, Page 5

MEMBER v. CLUB

ACTION FOR DAMAGES By Telegraph—Press Association CHRISTCHURCH, December 17 Holding that a member could bring an action for damages against a society registered under the Friendly Societies Act, Mr Justice Northcroft, in the Supreme Court this morning, answered a question stated to be without precedent in the British Empire. He was delivering judgment on a point raised in the claim for damages brought by Joseph Edward Fussell, truck driver, of Ashburton, against the trustees of the Ashburton Working Men’s Club, alleging negligence against their agents or servants. His Honour was asked to decide a point so as to determine whether or not the case could proceed. The defendant trustees, in their defence, said that the plaintiff, if he had a legal claim for damages against the Club, was bound by the Friendly Societies Act, under which the Club was registered, to have the dispute settled by the Committee of the Club. The Judge said he was of the opinion that the claim was not a “dispute" in accordance with the meaning set out in the Friendly Societies Act, and of the rule of the Club, so as to preclude recourse to the Courts. Plaintiff claimed £635 general, and special damages, from the Club trustees, on the grounds that, on November 9, 1934, when he was in the Club’s bottle store, he was severely injured by the fall of bottles, which, it was alleged, was due to negligence on the part of the defendant’s servants or agents, in stacking bottles without a barrier, and in undue numbers. The sums of £135 special damages, and £SOO general damages were sought.