PLAINTIFF NOT READY.

Auckland Star, Volume LXII, Issue 259, 2 November 1931, Page 9

PLAINTIFF NOT READY.

JUDGE'S DISAPPROVAL

" MAKING USE OF COURT."

"A plaintiff has no business to launch an attack in which he makes all eorts of allegations until he is ready to prove them in Court," eaid Mr. Justice Herdman in the Supreme Court to-day. His Honor's remark was provoked by an application for an adjournment made by counsel for the plaintiff in a easu which was set down for hearing t/ijs week. He said further that when a writ was issued the plaintiff should be prepared to go to trial. An application for an adjournment by a defendant was a very different matter. He might need time to prepare his defence. Regarding to-day's application, the writ had been issued "away back in July" and the litigation had bedn going on for a long time The writ claimed "enormous sums" for alleged damages, and one reason produced in .support of the application for an adjournment was apparently the fact that counsel for the plaintiff would have to make a trip to Christchurch to complete the preparation of his ca"se. ' \ , : "It is simply making use ot a Court of justice to persecute someone,' said his Honor. "Is it fair to any litigant against whom ah attack of this kind is made?" An adjournment of eleven days was o-ranted his Honor remarking that it was necessary to re-cast the fixture list in the interest of this client.