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Decisions of the Superior Courts of New South Wales, 1788-1899

Collins v. Elwyn [1842] NSWSupC 10

slander - evidence

Supreme Court of New South Wales

Stephen J, 22 August 1842

Source: Sydney Gazette, 27 August 1842

            Before his Honor Mr Justice Burton and a special jury.

            Collins v. Elwyn.   - this was an action for slander, brought by John G. Collins, Esq., generally known as Captain Collins, against Hastings Elwyn, Esq., manager of the Australian trust company, and the damages were laid at £10,000.

            The declaration contains six counts, but the substance of the alleged slander was, that the defendant was represented to Messrs Irving and Lamb, who had purchased bills to the amount of £4,000, that not one of such bills would be paid by him when due, and by that means, had not only broken off a treaty which he was then engaged in with the above gentleman for the purchase of bills to the extent of £1,000 more, but had otherwise materially injured the credit of the plaintiff.   Another particular of the alleged slander was, that the defendant had stated that the plaintiff was not, as he (the plaintiff) had stated, the partner of one of William Hart, of London, in the trade of extensive sawing and flour mills.

            To this declaration that the defendant had pleaded first, that he did not commit the slander is alleged, and secondly, that the plaintiff was not the partner of the said William Hart.

            The whole remaining portion of the day was taken up by the opening addresses of the Attorney General and Mr. Darvall for the plaintiff, and the examination of the witness on the same side, by whose testimony the allegations contained in the declaration, were proved in the most material respect.

Published by the Division of Law, Macquarie University