CO129-454 - Acting Governor Claud Severn - 1919 [4-6] — Page 195

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

191

p. 413,

Parties.

p. 561.

Discovery & interroga-

tion.

p. 562.

actionable at common law he will get

his costs unless the Court or a Judge

otherwise orders.

The facts must show the existence of

something having regard either to the

conduct of the parties or to the facts

of the case which makes it more just

that an exceptional order should be made

than that the case should be left to the

ordinary course of taxation.

"Good cause" must be something more than

the mere smaliness of damage 5,

whenever more persous than one are cou-

cerned in the same publication the

plaintiff may sue all or any of them in

the same action.

But when there are two distinct and

separate publications even of the same

libel, one by A and the other by B

separate actions must be brought.

The plaintiff can only bring one action

in respect of the same publication; ne

cannot recover twice over from different

defendants the same damages for the same

injury.

The plaintiff cannot in such an action

(i, e, against the proprietor of the

paper) compel the proprietor to produce

the original manuscript so that ne may

recognise the handwri ting.

Nor can he in the absence of special

cause interrogate the proprietor or

-19-

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