CLAIM FOR £5000.

Star (Christchurch), Volume XLIV, Issue 579, 8 October 1932, Page 9

CLAIM FOR £SOOO.

Malicious Prosecution is Alleged. DEFENCE NOT CALLED ON. < Special to the ‘‘Star.”) AUCKLAND, October 8. Without calling on the defence, Mr Hunt. S.M., yesterday dismissed charges brought by Royston Noel Sedman Chisholm, public accountant, against Harry Clinton M’Elwain. companv promoter. The charges against M’Elwain. who was brought back from Australia, were that he concurred in the publishing of a prospectus concerning the Sneed-well Oil Company (N.Z.), Ltd., of which he was the promoter and which prospectus he knew to be false in material particulars, with intent to induce persons to become shareholders in the company. When counsel for the accused asked that costs should be allowed, the Magistrate declined, remarking that the defendant’s remedy might be to proceed in another way by instituting a claim for malicious prosecution. “ No doubt that will be done,” said counsel for M’Elwain. Following on the dismissal of the charges, a writ was filed in the Supreme Court this morning claiming £SOOO damages for alleged malicious prosecution. The plaintiff is M’Elwain and the defendants are R. N. S. Chisholm, liquidator, and G. E. Smerdon, „R. Arthur and E. W. Lane, as a committee of the shareholders of the Speedwell Oil Company.