LEAVE TO APPEAL

Ashburton Guardian, Volume 50, Issue 130, 14 March 1930, Page 6

LEAVE TO APPEAL

ASHBURTON LICENSES. DECISION OF APPEAL COURT. CONTENTIONS BY COUNSEL. (Per Press Association.) WELLINGTON, This Day. A further stage of the wellknown licensing case of Scales versus Young and others came before the Court of Appeal to-day, when Joseph Scales, of Ashburton, hotelkeeper, moved for leave to appeal to the Privy Council from the decision of the Court of Appeal delivered last session, whereby it refused to grant him writs of certiorari and mandamus agamst the Mid-Canterbury Licensing Committee for a publican's license in resnect of the Somerset Hotel, Ashburton. Mr W. J. Sim, for applicant, submitted tbat leave to appeal should be granted on the grounds:— (1) That the proceedings involved civil rights of the value of £SOO or upwards, and (2) That the general question at issue is one which by reason of its great general or public importance, ought to be submitted to the Privy Council. The Chief Justice (Sir M. Myers) remarked that the Court was of opinion that prima facie it appeared that leave should be given, and accordingly called on Mr Spratt (counsel for the Licensing Committee) to show why leave should no; be granted. Mr Spratt submitted that there was nothing before the Court to show that the value of interests involved was such as to give applicant the right of appeal on the first ground; and, further, that the case was not a proper one for exercise of the discretion of Court under the second ground relied on by applicant. Therefore leave should be refused. Mr Spratt further submitted that if the Court decided that leave should be granted to applicant, it should be granted only an special terms as to costs in favour of the Licensing Committee. Conditional leave to a.opeal was granted, with security at £SOO, within three months.