Doubts On Validity Of H.P. Agreement

Press, Volume CVI, Issue 31188, 12 October 1966, Page 7

Doubts On Validity Of H.P. Agreement

(N.Z. Press Association) WELLINGTON, Oct. 11. Holding that there were doubts as to the validity of a hire-purchase agreement, Mr Justice Me Gregor in the Supreme Court today said he would take an “unusual course” and discharge an accused charged with theft.

Thomas Francis Nesbit, aged 25, a salesman, was

charged with the theft of a te'evision set from the Farmers’ Trading Company Ltd. His Honour discharged him at the conclusion of the Crown’s evidence. His Honour said he would take an unusual course because on the evidence and on the system adopted by the Framers’ Trading Company it would be dangerous to convict the accused.

The hire-purchase agreement produced, as far as the printed material was concerned, was entirely satisfactory but the written matter including the name of the hirer, date of sale and terms, including monthly instalments, were filled in after the agreement had been signed by the accused, his Honour said.

“The essence of this charge is that the accused is alleged to have committed the offence of theft by selling or attempting to sell this television set which he did not own,” his Honour said. “The question really resolves itself into this, whether the Court can be satisfied beyond reasonable doubt that this was a true sale under the hire - purchase terms or whether it was a sale on time payment. “It seems to me that the system of the Farmers’ Trading Company leaves the matter entirely open in this particular case, and as, in my view, it would be dangerous to convict I propose to exercise the authority I have under a special section of the Crimes Act and to discharge the accused.”

Mr J. G. C. Larsen appeared for the Crown and Mr J. A. L. Gibson for Nesbit.