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ONE CENT DAMAGES TO MR. BRAYFIELD AND
THE M-G-M SHOW THAT HAS Everything! JUDGMENT FOR JOCKEY CLUB
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ONE CENT DAMAGES WERE AWARDED BY THE SPECIAL JURY TO MR. THOMAS HENRY GORDON BRAYFIELD, MARINE-SURVEYOR AND RACE-HORSE OWNER, AT THE SUPREME COURT THIS MORNING WHEN THE CASE IN WHICH HE CLAIMED. UNSTIPULATED. DAMAGES FOR LIBEL FROM THE HONG KONG JOCKEY CLUB, WAS CON- CLUDED.
The Acting Chief Justice award- Indirectly, continued Counsel, ed the defendant club judgment, the notice was intended to turn with costs, ruling that the posting plaintiff out of the Club unless he of plaintiff's name as 2 defaulter paid a sum which was in dispute. was done on, a privileged occasion He was posted recklessly, suggest- and that there was not sufficiented Counsel, and submitted that evidence of express malice to go to there was malice in the legal sense.
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Mr. Eldon Potter, K.C., who ap-| Mr. Potter said he resented the pears for
the Jockey Club, with allegation made by Mr. Macnamara Mr. H. G. Sheldon, K.C., submitted that the Jockey Club's motive was that when the alleged libel was to force plaintiff pay the $9110. posted on the notice-board of the Mr. Macnamara, however, replied Club it was a privileged occasion, that that was plaintiff's case from and said he would also contend the very beginning. that even if the occasion were not privileged, there was no evidence of malice.
never
Mr. Potter: "You have mentioned it or put it before."
Mr. Potter said the question of He pointed out that Article 79 malice was to be decided by His conferred certain duties on the Lordship and was not to go to the Stewards on behalf of the mem- |Jury.
The question whether the sum of
i
bers. There was a duty and inter- est on the Stewards to publish any $9.10 was due to the Jockey Club matter that concerned the Club by plaintiff or not was to go to the and it was the duty and interest of jury. the members to read such a notice. Mr. Justice Lindsell ruled that He urged that there could be no there was not sufficient evidence of argument about that duty and in-express malice to go to the jury. terest and quoted numerous au- thorities on the question privilege.
""DRASTICALLY?"
of
Mr. Justice Lindsell: Cannot the Stewards have regarded their duty drastically, as they do not post up every defaulting member.
Mr. Potter: On certain occa- sions, if a member was not in the Colony, then he would not be post- ed, as he had not received the bill, The same would apply if a member should die.
་
be He agreed that if it could proved that the Stewards had mis- used their power, then there would be malice.
•
He contended that the main question to be decided was whe- ther, according to law, the notice was published on a privileged oc- casion.
MR, MACNAMARA'S REPLY Mr, Macnamara, replying for Mr. Brayfield, said that the Stewards may have thought they had the power, but whether any other course of action was open was never discussed by them.
DAMAGES' ISSUE Addressing the Jury, Mr. Potter said:-
"We know that Mr. Brayfield did not suffer five cents' damage. The truth is that he has chosen to come to Court when he might have adopt- ed another course, the same which his Counsel has suggested we could the have taken,-to sue him in Summary Court."
"Mr Brayfield knew, according to the Articles of the Association, what would happen. He could have paid under protest."
"I submit that the truth is that Mr. Brayfield did not suffer a cent's damage."
Mr. Potter continued that plain- tiff's name was posted only for five to "I would be interested days.
how know
did many people read the notice at the Jockey Club," he added.
Regarding the bill for extra for- age, Mr. Potter suggested:
must
"Mr. Brayfield's memory have failed him," he submitted that the Jury should find that the sum of $9.10 was due to the Jockey Club from Mr. Brayfield and that there was no libel.
The main question, he urged, was whether the plaintiff. had a good or a bad reason for not pay-
Mr. Machamara pointed out that ing. If the
took a defendants course which was not justified by the extra forage from the Jockey law, then it was not a privileged Club was not necessary as Mr. Bray-
field was
himself supplying his occasion.
excess forage. The $9.10 was not due to the Club and there was a libel in the poating of plaintiff.
Mr. Macnamara `contended that ponies with Article 79 of the Jockey Club's Articles of Association could not apply to 'accounts in dispute. This fact robbed the occasion of privilege.
The Chief Justice held that the occasion was privileged and coun- sel proceeded to argue the question of malice.
In his summing up, Mr. Justice Lindsell said the sole issue the Jury were to decide was whether or not the $9.10 was owing by plaintiff to the defendant club.
Retiring for 20 minutes the Jury Mr. Potter submitted that there returned. They found that the was no malice since it had been $9.10 was not owing and awarded ruled that the posting was privileg-, plaintiff one cent. damages, ed. He thorities.
referred to several
au-
“GRAVE INJURY”. Mr. Macnamara said that in their anxiety to collect what they thought was due, the Jockey Club neglected to see that they were do- ing plaintiff a grave injury' by posting his name.
They knew, added Counsel, when they posted plaintiff's name that l he was not a defaulter a dishon- est man.
Judgment, with costs, was how- ever, awarded to defendant club on the legal issues.
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