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MAGISTRATE’S COURT

TUESDAY (Before Mr Rex. C. Abernethy, S.M.) REMANDED Rangi Matakatea, aged 42, a carpenter, was remanded to this morning on a charge of being found without lawful excuse on enclosed premises at 10 Ruskin street, on December 18. Sub-inspector J. C. Fletcher, opposing bail, said that Matakatea had been found on the premises at 3 a.m. yesterday. Norman Charles Butler, aged 25, a truck driver (Mr R. S. D. Twyneham), was remanded to Thursday on a charge of stealing tools valued at £lO, the property of Lawrence Edward Alexander Cross, on November 23. Bail was . allowed in the sum of £5O and one surety of £5O. Remus Gordon Lilley, aged 50, a labourer (Mr R. S. D. Twyneham), was further remanded till today when he appeared for sentence on a charge of using obscene language and two charges of breaking a prohibition order. Bail was allowed in his own recognisance of £ 10. TRAFFIC BREACHES In charges brought by the Transport Department the following penalties were imposed:— No heavy-traffic licence: Robert George Beattie, £7. Unlighted cycle: Archibald William Cahill, £l. Mutilating driver’s licence: Ray Lewis Adams, £2. Exceeding speed limit: Ross David Campbell, £2; Patrick John Fischer, £2; Walter John Gibson, £4 (Fail to keep to left, £3); Frank Idiens, £2; Graeme Hunt Lawson, £4; John Neville Minson, £2. Driving in a dangerous manner: Trevor Eric William Poultney, £5 and licence suspended for 28 days from January 8. Failed to stop at compulsory sign: Lindsay Dartnell Frizzell, £3; Trevor William Minchington, £2 (no warrant of fitness, £1); Maurice Walter Smith, £2. Drive without due care and attention: James Arthur John McMillan, £4 (failing to stop after accident, £5); Peter Charles Yeatman, £4. Permitted use of unlicenced vehicle: John Francis David Sponberg, £3. Traffic offenders prosecuted by the Christchurch City Council were dealt with as follows: Exceeding speed limit: Dennis Clarence Adair. £2 (failed to wear safety helmet, £2) lan Ferguson Baird, £2 Lloyd Herbert Beardsley, £5 (wrong licence, £1); Anthony Miles Bolam, £3; John Henry Butterick, £5; Morris William Coates, £2 (overtaking without clear view, £4 and licence suspended for one month; no driver’s licence, £1); Peter Herbert Knops. £3; George Herbert Oliver. £3; Douglas Graeme Robinson, £2 (no driver’s licence, £2); Barry Lionel Shaw, £3; Dexter Sinclair. £3; Murray Leonard Waldron, £2; Rex Melvin Walker. £2; Charles Vincent Timpson, £3 (no safety helmet, £2); Cornelis Star, £2 (no safety helmet, £2). Failed to give way to school patrol: Derek John Alsford, £3. Ineffective silencer: Alexander Greig Miller, £2. Failed to comply with directions of traffic officer: Graham Bell, £4. Parked in time expired metered space: Mervyn Harold Biddick, £1; Andre Bruck, £7; Austin Frank Sutherland, £2; Percy Taylor, £1; Leslie George Young, £2. Not displaying L plates: David Charles Stokes, £2.

Parked within six feet of fire plug: Edward Walter Ward, £2 (obstructing vehicular entrance, £2); Keith Lewis Stickling. £l. No warrant of fitness: Walter Clinton Cummings, £1; Lancelot Nicklaus Guy, £1 (driving without due care and attention, £1); Francis Texas Hamilton, £1; Douglas Hesse, £3 (no heavy traffic licence, £1); Albert Joseph Hopping, £1: Don Gerald Kennedy, £2 (ineffective silencer. £1); Robert Lalor, £1 (no driver’s licence, £1); Leo Francis Lim, £3; Desmond Stuart Paterson. £1; George Andrew Patterson. £1: George Nathaniel Morris, 10s: Raymond John Oetgen, £1; Roy Kenneth Wiltshire, 10s. Failed to stop at compulsory sign: William Christopher Bourke, £2; William Carlile. £2. Obstructing vehicular entrance: Owen Leslie Whitley, £2. Overloading vehicle: Canterbury Paper Company, £3; Empire Express Company, £3; Bernard John Hale, Parked over time limit: Thor Stewart Wilson. £2. Double parked: Amy Cecilia O’Rourke, £3. No heavy traffic licence: Godfrey Peter Andre de Latour, £3. Cycling on footpath: Lorraine Chesterman Kittelty, 10s (unlighted cycle, 30s). . Overtaking vehicle at crossing: Orlando Langethorne. £4. Parked in prohibited area: Robin MacDonald Lockhart, £4. Driving without due care: Graham Boxall. £3; Charles Batchelor, £2. Driving without reasonable consideration: Gilbert Robert Stout, £3. CORRECTION In Saturday’s issue of “The Press.” a report of traffic cases in the Magistrate’s Court stated that Peter Raymond Annan was fined £6 for driving without due care and attention and that his driver’s licence was suspended for six months. This was incorrect. He was fined £6 and his licence was suspended for three months. (Before Mr L. N. Ritchie, S.M.) CIVIL CASES CLAIM PART HEARD Stanley William Lockhart, a milk bar proprietor (Mr J. B. Weir), proceeded against Dishmaster (Canterbury) Ltd. (Mr V. G. Spiller), on a claim for £5O general damages and £lll 3s special damages over the purchase of a Dishmaster. The claim was part heard and adjourned. The statement of claim said that the plaintiff purchased a Dishmaster from the defendant on September 9,* 1955. for £ll2 10s. It was to be used in his milk bar and this was known to the defendant. The Dishmaster was bought subject to the warranties that it would perform all the work required of it in the milk bar, that it was reasonably fit for use and that

it was of merchantable quality. The statement alleged that the Dishmaster was defective at the time o'f purchase, that from September 9, 1955, to July 27, 1956. it required constant repairs and adjustment and that it did not conform to the warranties.

Lockhart, in evidence, said he gave the company every opportunity of putting things right before telling the defendant that he was selling the Dishmaster in an auction room. He did not put any reserve on it and it was sold for £9 10s. That was because he could not guarantee it was in good working order. The Magistrate said he would not | have minded buying it for £9 10s and having a go at putting it in order and then selling it with a guarantee. Lockhart said he did not notify the company of the date of the sale. The Magistrate said that if he had done so the company could have bought it for £9 Ils. Lockhart said he installed another make of dishwashing machine and it! had given no trouble. Mr Spiller said that the company. claimed that the machine was per-I fectly all right when it was sold and installed and that all the trouble had been caused by misuse and faulty operation. On numerous occasions: men went to the milk bar and operated the machine and it worked all right. That model of machine had a standard trade-in value of £3O irrespective of its condition. Frank Bedford Lewis, managing director of the defendant company, said the machine was sold subject to a warranty that it would do the job in those particular premises. Many similar machines were operating throughout the British Empire. He inspected the machine and found it had been badly misused. It would do all and more than the plaintiff required if it had been operated according to the instructions issued with it. Had the machine been taken out and refurbished at a cost of £l2 to £l5 its resale value would have been very near that of a new machine.

John C. Flanagan, service manager for the company, said that if the plain- J tiff had supervised his staff when they j were using the machine there would i have been no trouble. He agreed with | the preceding witness that the machine had been shockingly abused. The hearing was then adjourned sine die. JUDGMENTS FOR PLAINTIFF Stanley George Ferry, a freezing i worker (Mr B. A. Barter), was given j judgment, against A. C. Midgley, a car i salesman, for £2OO and costs. The : statement of claims said that on August 20 Ferry sold a car to Midgley for £225 and was paid by a cheque which was dishonoured. Midgley had since paid £25. South Island Finance Corporation, Ltd., was given judgment against Raymond Thomas McKay for £B7 10s. claimed as owing on the purchase of a car, and costs. JUDGMENT FOR DEFENDANT Hector McDonald, a labourer (Mr D. J. Clark), proceeded against J. M. Mitchell, a driver (Mr B. G. Dingwall), for £75. the amount of a cheque paid by Mitchell for a car bought from McDonald but on which payment was stopped. The defendant claimed that the car was returned to McDonald as it was not according to the representations made when he bought it. Judgment was given for Mitchell with costs.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/CHP19561219.2.132

Bibliographic details

Press, Volume XCIV, Issue 28155, 19 December 1956, Page 17

Word Count
1,388

MAGISTRATE’S COURT Press, Volume XCIV, Issue 28155, 19 December 1956, Page 17

MAGISTRATE’S COURT Press, Volume XCIV, Issue 28155, 19 December 1956, Page 17