BUILDING BY-LAWS
Appeal Succeeds
In a reserved judgment given in the Supreme Court yesterday Mr Justice Richmond allowed the appeal of Malcolm Robert Hamilton against his conviction in the Magistrate’s Court for two breaches of the Christchurch City Council’s by-laws enforcing compliance with particulars of a building permit for a factory owned by A. R. Idiens. His Honour said the evidence clearly established that steel portals of the wrong dimensions had been erected and also that no parapets, as shown in the plan, had been constructed.
He considered that the evidence was insufficient to establish the substance of the charges against the appellant both in the case of the portals and of the parapet. “I do not propose to allow the appellant any costs as. in my opinion, he has only himself to blame for the attitude adopted by the council. He signed the application for the permit and the council Quite reasonably assumed that he was the person responsible for the two established departures from the terms of the permit which was issued in the appellant's name,” his Honour said.
The appeal was heard on February 7' and 8. Mr A. F. Wilding appeared for Hamilton and Mr G. R. Lascelles for the Christchurch City Council. t
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Bibliographic details
Press, Volume CI, Issue 29749, 16 February 1962, Page 14
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208BUILDING BY-LAWS Press, Volume CI, Issue 29749, 16 February 1962, Page 14
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