APPEAL UPHELD.

Auckland Star, Volume LXVI, Issue 244, 15 October 1935, Page 9

APPEAL UPHELD.

POSSESSION OF DOCUMENTS. CHRISTIAN ENDEAVOUR CASE. The appeal against the decision of Mr. W. R. McKean, S.M., in making an order for certain books, typewriter, duplicator, etc., to be handed over to Mr. Kenneth H. Mclvin, was upheld by Mr. Justice Callan at tho Supreme Court yesterday. The appellants were Noel Carless and Ethel Carless, joint secretaries of the New Zealand Christian Endeavour Union, and the respondent Kenneth H. Melvin, president of the union. Mr. R. McVeagh and Mr. McArthur appeared for the appellants and Mr. I. J. Goldstine for the respondents. The action when Mr. McKean made the order was heard in August. At the Supreme Court yesterday counsel for both parties put forward much legal argument, throughout which his Honor frequently mentioned that no charge had been made by the union against either Mr. or Mrs. Carless, and said it startled him to think that people elected to office for two years could be pushed out merely on a declaration that it was in the interests of the union. In answer to & question from his Honor Mr. Goldstine said it had been suggested that the appellants had done something wrong, but his Honor replied that it was surely only justice that they should not be dealt with without being heard in their defence. In giving judgment and upholding the appeal his Honor said he regretted he could not take the same view as the magistrate. If the executive had been influenced by charges made against the Carlesses, then in not giving the Carlesses the opportunity to defend themselves there had been a clear breach of the rules of natural justice. If the executive had not been influenced by the charges then the proper course was to have waited till the Carlesses' term of office expired. The magistrate's judgment was reversed and the appeal allowed with costs £7 7/.