CLAIM TO £60,000

Wanganui Chronicle, Volume 75, Issue 12, 15 January 1932, Page 12

CLAIM TO £60,000

IRISH SWEEPSTAKE SUIT DISMISSAL OF ACTION SCALA TO PAY OWN COSTS. LONDON, Dec. 7. Mr. Justice Meredith has delivered an important judgment in Dublin in regard to sweepstakes and co-partner-ship in tickets. The suit was that Antonio Apicella and Matteo Constantino, against Emilio Scala, cafe proprietor of Battersea Park, London, who drew the winning ticket in tho Dublin sweepstake for the Grand National last spring, and against the trustees and committee of the Irish Hospitals Trust, Ltd. The plaintiffs claimed to bo coowners with Scala of the ticket which drew Grakle. Three-quarters of the ticket were sold before the race and of the remaining quarter-share (£88,000) of the prize-money the plaintiffs claimed . two-thirds (about £60,000). In his previous part-judgment, a month ago, Mr. Justice Meredith said he thought the number of the winning ticket (F.M.H. 22370) was inserted in the written agreement between the parties some time after the result of the draw was known, but that there was a verbal agreement to include an extra ticket. The main defence was that the winning ticket was bought by Scala outside the pool. Au English Contract. In the course of his judgment Mr. Justice Meredith said that tho first point to be determined was whether the contract in question was governed by the law of England, or by that of the Irish Free State. The contract was made m England and all the acts to be performed were to be performed in England. Unless there were some strong countervailing reason he tnougbt the contract should be regarded as an English contract. But as there were considerations that could be urged on the other side, and as it seemed to have been assumed that the contract was a Free State contract, he would deal with the question on that basis. “The bald question then is,” the Judge proceeded, “will the Courts of the Irish Free State enforce contracts which are to be performed by breaking the laws which other countries have found it expedient to make in the interests of good government? Are our Courts to respect the efforts of sueh other countries to discharge their duties, or are they to be made the instruments of subverting such efforts? Not a “Gamblers’ Cockpit.” “To my mind, only one answer to that question is possible. Our Courts will not enforce such contracts, except where they have in any case been expressly validated by our Legislature.” It was presumably because the plaintiffs knew that the contract could not be enforced in England, because of the illegal acts to be performd under it, that this action was brought in the Courts of the Irish Free State. “It is obvious that if actions of this type could be successfully maintained in this country, Dublin would rapidly become the gamblers’ cockpit of Europe. I see nothing in the Public Charitable Hospitals (Temporary Provisions) Act, 1930, to encourage the idea that such a result was intended. Hence, if we desire to be cosmopolitan, let us be so by paying a cosmopolitan regard to the principles of international laws. ’ ’ The Judge said he would decline to make any declaration as to the bare ownership of the ticket, as a mere chattel, on the ground that a declaration had only been sought for the purpose of enforcing a contract that had in view the performance in England of acts in violation of Section 41 of the Lotteries Act, 1823. Heavy Costs of Case. Dismissing the action, the Judge said plaintiffs must pay the costs of the Hospitals’ Committee and the trustees as well as their own. Scala must pay his own costs, with the exception of the whole costs of the shorthand notes — estimated at £soo—and tho evidence of Captain Quirk, the handwriting expert. Counsel for Scala asked the Judge to impound three documents, explaining as tho reason for the request that the Judge had found tho plaintiffs guilty of a criminal act. Counsel for Plaintiffs: And the defendant, too. The Judge, who said he was not a Court of criminal jurisdiction, refused to impound tho documents. The costs of the case on all sides are estimated at over £20,000. After he drew Graklo in the sweepstakes, Mr. Scala was the most harassed person in London. Apart from tho legal action which has now been decided in his favour, he had received thousands of begging letters. The success of Grakle made Scala the potential owner of £345,744. But he sold three-quarters of his ticket before the draw for £10,500, leaving for himself £BB,OOO.