COMMITTEE'S DECISION.

Auckland Star, Volume LIV, Issue 269, 10 November 1923, Page 12

COMMITTEE'S DECISION.

■—n—— m • • UPSET BY SUPREME COURT. AUCKLAND COUNCIL CASE. •ludgment against the Auckland City Council was given to-day by his Honor Mr. Justice Stringer at the Supreme Court in the action by Frederick John Williamson, proprietor of a motor bus service between Point Chevalier Beach and .Grey Lynn, in which he moved for a writ of certiorari to remove the order or resolution cancelling his license, and to quash such order. 011 various grounds. Air. B. McVeagh appeared for Willium- ! son, and Mr. A. H. Johnstone for the I City Council. I His Honor said the contention was that the inquiry by the Finance and Committee of the City Council into "an ex-planation of Williamson's conduct in connection with a recent assault case, henrd at the ilagistrate's Court on June 13," was not conducted in a judicial manner, in that the plaintiff was not given an opportunity of knowing and meeting the allegations against liim. No doubt the committee acted in good faith, but his Honor was satisfied they failed to conform to the principles applicable to such cases. The cancellation or suspension of plaintiff's license was, in bis Honor's opinion, not determined according to law. Plaintiff had no opportunity of explaining or answering certain extraneous matters which Miss Melville, a member of the committee, stated had influenced the committee in their decision. In these circumstances, said bis Honor, it was unnecessary to give an opinion upon the other grounds raised on behalf of the plaintiff. But ho thought he should state that the contention that the functions of the City Council under By-law 707 bad been unlawfully delegated to a committee was untenable. The Council had relegated to the Legal and Finance Committee all inquiries as lo whether or not licenses should be suspended or cancelled. In this case the committee duly niiide its report and recommendation, and it was the Council thai determined the question none the less because they acted upon that report and recommendation and made no independent investigation. The course adopted was exactly what was contemplated by the section, and was absolutely necessary for the prompt and efficient handling of the city's affairs.