DISMISSED

Auckland Star, Volume LXXII, Issue 211, 6 September 1941, Page 8

DISMISSED

REQUEST TO QUASH

TRANSPORT ORDER CASE

A judgment of special interest to carriers and users of goods transport in the Northland area was given b%* Mr. Justice Fair in the Supreme Court yesterday afternoon when he dismissed an application by David T. Hyland. sheep farmer, of Rewiti (Mr. Sexton) for a writ of certiorari to quash an order relating to goods transport rates made by E. J. Phelan as Licensing Authoritv of the No. 1 Transport District, so" far as it amended the goods services licenses of Kaipara Transport, Ltd. (Helensville) and P. Cane <Waimauku), who did the applicant's carrying.

The application was made on the grounds that the defendant did not give plaintiff proper notice of the proceedings; that the defendant had no jurisdiction to fix a schedule of cartage rates, and that defendant showed discrimination, preferring certain classes of users to others.

His Honor, after reviewing the arguments, said that he did not think that on general grounds the plaintiff had sufficient interest apart from other public users of goods services to claim the issue of a writ of certiorari. Apart from that, however, the Court held that individual notice as distinct from public notice (by newspaper advertisement) was not required unless to persons "directly interested" and that plaintiff was not directly interested. This decision, said his Honor, also cov* ed the ground of jurisdiction. He did not think the third ground was open in these proceedings, but if required to determine it he would feel bound to say he was far from convinced that the exemption of certain classes operated adversely to the interests of individual users.

His-Honor dismissed the application with fifteen guineas costs and disbursements against the plaintiff. The defendant was represented by Mr. V. R. Meredith and Mr. Rosen.