‘Grow up’ message from judge in civil case
A civil action has been settled after people involved were given a “grow up” message by the judge when he had heard about two hours of evidence.
Judge Raoul Neave sent the parties away to have talks over the lunch break, rather than continue a court hearing that he apparently considered a waste of time.
The case involved Christchurch businessman David Henderson and Akaroa’s Ian Hyndman seeking a restraining order against former MP and All Black Grahame Stuart Thorne to stop him sending abusive emails.
Thorne gave evidence in the case admitting sending some emails from an address he had set up in another name, but denying most of the allegations relating to Internet messages. The plaintiffs alleged he had colluded with others to send messages, which he denied.
Judge Neave said the evidence connecting Mr Thorne to the messages was thin, after he had been undergoing cross-examination by counsel for the plaintiffs for about an hour.
And then, as the lunch break approached, the judge told the court: “This is really at the level of 13-year-old schoolgirls sending notes around the class.”
He urged the parties to meet over the lunch break and “talk about this and sort this out before I have to make any findings”.
After the adjournment, counsel for Mr Thorne, Glenn Jones, and for the plaintiffs, Jai Moss, returned to court and told Judge Neave what had been settled.
Mr Jones said Mr Thorne had agreed not to contact Mr Henderson nor Mr Hyndman, other than through lawyers, for three years, and other terms of the settlement were confidential. Mr Moss said there was no issue of costs for the court to consider.
The legal action was then discontinued.
“Common sense has broken out,” said the judge, noting the “sensible result”.
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