THE YACHT ARIADNE.

Star (Christchurch), Issue 7088, 2 May 1901, Page 3

THE YACHT ARIADNE.

COURT PROCEEDINGS,

United Eresa Association— By Eleotrie Telegraph— Copyright. (Received May 2, 3.9 p.m.)

SYDNEY, May 2.

His Honor 1 , the Chief Justice has heard an application to set aside judgment entered! in the case of Thomas Caradbc Kerry against Herbert James Hart,' 'tth^ctidh for alleged libel, £2000 being olaimed as damages. It appeared' from the affidavits that Hart,, in the first place, brought an action against Kerry to recover £1000 for alleged fraudulent misrepresentation. The hearing was adjourned, to enable the defendant to apply for a •commission to England, to take evidence. Shortly after *he adjournment the defendant in the first suit issued a writ against Hart ior alleged libel contained in a Teport furnished to the Navigation Department concerning the amount of the insurances on and the seagoing qualities of the yacht Ariadne. Plaintiff . in the libel suit failed to file a declaration within the prescribed time, owing to an alleged mistake on 4he part of the clerk in the office of plaintiff's solicitor. Ib was now asked that judgment ' non prosequitur should be set aside, and plaintiff allowed eight days further to file a declarations The Chief Justice, by consent, set aside judgment, and ordered the plaintiff Kerry, to pay the costs of the setting aside and the expenses of the present application. The action for alleged libel will be stayed until that for alleged fraudulent misrepresentation) has been determined.