APPEAL BY CASH ORDER FIRM

Press, Volume LXXXVII, Issue 26560, 24 October 1951, Page 5

APPEAL BY CASH ORDER FIRM

REQUEST FOR MOVE TO FULL COURT

When an appeal by Cash Order Purchases, Ltd., against its conviction by Mr Raymond Ferner, S.M., in the Magistrate's Court, was called for hearing in the Supreme Court yesterday, Mr B. P. Thompson, for the company, asked Mr Justice Northcroft to remit it to the Full Court. His Honour said he would have to know more about it. The company was convicted and fined on September 12 on a charge of carrying on the business of a moneylender without being registered as required by the Money Lenders’ Act, 1908. Mr Thompson said the facts in the case were almost similar to the Hamilton case of Goldberg v Tait, which was heard by the Full Com. No matter what His Honour’s decision might be on the appeal, one of the parties would no doubt fake it to the Full Court or the Court of Appeal. Though the facts were similar to the Goldberg v Tait case, he considered they could be reviewed in a different light. Hid Honour said it would be asking the Full Court to reverse its own decision on’the Hamilton case. Was there any urgency about the present matter? He would like to hear more of it before giving a decision on the request made by counsel. Mr Thompson said a sitting of the Full Court would be available before Christmas. There was some urgency for the company was carrying on business, possibly unlawfully, knowing the appeal was in. but It might be in danger of a further prosecution. His Honour adjourned the matter until to-day for further argument. Mr A. C. Perry is appearing for the Crown.