ACTION FOR SLANDER.

Waikato Times, Volume 115, Issue 19229, 13 April 1934, Page 5

ACTION FOR SLANDER.

AN APPEAL ALLOWED. DAMAGES SHOULD BE INCREASED. COURT OF APPEAL ACTION. (By Telegraph. —Press Association.) WELLINGTON. Thursday. The Court of Appeal this morning delivered reserved judgment allowing the appeal of Reginald Charles Boddie against James Dickson Sievwright (heard on March 12). Mr Justice Herdman 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 the damage 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 case of action and severable parts of other clauses of action, and who should have the costs of the trial in the Supreme Court as on a claim for £750. Appellant was also allowed £25 solicitors’ expenses in connection with his appeal.

The appeal arose out of an action for slander brought by the appellant Boddie against the respondent Sievwright. Tlie appellant then made five allegations of slander, which fell into four groups. Respondent first denied the slanders alleged. He then pleaded they were not defamatory or had been spoken on a privileged occasion; and lastly alleged justification. 'Mr Justice Ostler held that three out of the five slanders had been established wholly or in part, but awarded in respect of these only the sum of one farthing each. He refused to allow costs to Boddie.