CITY COUNCIL AND SLATOR.

Auckland Star, Volume XX, Issue 286, 2 December 1889, Page 3

CITY COUNCIL AND SLATOR.

MOTION FOR BANKRUPTCY AD

JOURNED.

Bkfore the Supremo Court this morning, Mr Justice Conolly presiding, in the matter of the petition of the City Council to have Thomas Slator adjudged a bankrupt, Mr Cotter appeared for petitioners, Mr Tole (instructed by Mr Johnson) for the debtor. Mr Cotter eaid he wished to be heard on a point on which there had been some misapprehension last day. Mr Tole objected, as the matter was ripe for judgment. His Honor said that this matter should have been fully argued in Chambers. His judgment was ready, and he thought it was very irregular to introduce new points or arguments now. Mr Cotter submitted that the petition havin'/ been filed and affidavits also filed aa to debt, the dector most show bona fides .assd cause why he should not be declared a bsakrupt. His Honor had no right to refuse adjudication on the simple ground that a writ had been issued. His Honor : Do I underctand that you object to my delivering judgment? Mr Cotter repeated the above objection. His Honor : Now I understand. If you object to that course you have your remedy.' Mr Cotter then wished to know if he had permission to offer evidence. His Honor refused the permission. He eaid he did not think he ought to have allowed any argument that morning. The case had simply been called on for judgment. . ■ His Honor then proceeded to deliver tiudgment, after reciting the steps that aad so far been taken in the action. The last nfcage was the issuing of n, writ by the debtor imputing fraud to the petitioners, demanding the cancellation .of the lease, and claiming heavy damages. Ho had also filed an affidavit in bankruptcy that the amount claimed was larger than the debt due. There was, perhaps, eorr.e reason ro question the bona fides of the debtor in issuing this writ, seeing that he had delayed so lone bo take action ; and bub for the decision of another judge in re Burko he might have given a judgment adjudicating the debtor a bankrupt. Though the circumstances were not quite the same as in re Burke, yet it must be held that a suit pending, barred adjudication. If he made an order of adjudication it would be taken' as tantamount to expressing an opinion on the question pending between the Council and the debtor, and this was undesirable. He would order that the matter stand over till after the next Civil Sittings of the Supreme Court, deferring the decision as to COetß. :■ .