APPEAL ALLOWED.

Star (Christchurch), Volume LXVI, Issue 20278, 12 April 1934, Page 9

APPEAL ALLOWED.

Question of Contemptuous Damages. Per Press Associ—l 'on. WELLINGTON. April 12. The Court of Appeal this morning delivered a reserved judgment allowing the appeal of Reginald Charles Boddie against James Dickson Sievwright, of Wellington, retired journalist. His Honor Mr Justice Herd man expressed the opinion that this was a case in which more than contemptuous damages should have been awarded in the Court below. He agreed that damages and costs should be fixed as mentioned by Mr Justice Kennedy who. in a long written judgment, fixed the damages at £l6O. with costs, in the Supreme Court, according to scale on that amount with disbursements, less costs, to respondent, who succeeded in the lower Court on the first cause of action and several parts of other causes of action, and who should have costs of trial in the Supreme Court, as on a claim for £750. Appellant was also allowed £25 solicitor’s expenses in connection with his appeal. The appeal was heard from March 12 to March 14. and in opening the case for respondent Mr H. F. O'Leary submitted that the only question which concerned the Court of Aopeal was as to whether the damages allowed by the trial judge, amounting in all to threefarthings. were reasonable, considering the evidence given ns to appellant's character and as to the pecuniary loss sustained by him as a result of the slanders. The damages, he contended, had been assessed upon a correct principle of the law. Mr C. H. Weston, K.C.. appeared for appellant. Judgment Upheld. Per Press Association. WELLINGTON, April 12. The Chief Justice, Sir Michael Myers, delivered the Court’s judgment in the case of Ilarkness v. Nutt (heard March 29). His Honor said the Court was of [the opinion that the judgment of Mr ‘justice Herdman, who had held that the appellant had failed to .satisfy him of alleged release was correct and it should not be disturbed. The appeal was accordingly dismissed with costs on the highest scale, as from a distance. The appeal wap hoard on March when Alec Leslie Harkness, of Te Kauwhata. moved against a judgment given , at. Hamilton In July, 1933, in favour lof Joseph William Nutt, of Christch u rcM.