SUPREME COURT Collector Of Customs Given Car Judgment

Press, Volume CVIII, Issue 31784, 14 September 1968, Page 16

SUPREME COURT Collector Of Customs Given Car Judgment

Although an English immigrant couple could not be described as the "master-minds” behind a complicated scheme to import two station waggons, they knew of the plan and knowingly made false declarations to get the import licences, said Mr Justice Macarthur in the Supreme Court yesterday. His Honour gave judgment of condemnation of the two station waggons, valued at about $5OOO. in favour of the

Collector of Customs, represented by Mr N. W. Williamson.

His Honour said that the couple, William Albert Elphick, a motor mechanic, and his wife, Mary Ann Elphick (both represented by Mr P. T. Mahon), had arrived in New Zealand in August 1966. Mr Elphick went to work for Hutehinson Motors, Ltd, and through a note in his pay packet learned that the company was interested in finding persons with overseas funds. He made inquiries and concluded that he and his wife could gain some benefit by the employment of part of their overseas funds—more than £2500 gained by the sale of a house.

They had been assured that there was nothing improper in such an arrangement. The assistant sales manager of Hutchinson Motors witnessed their applications for import licences for two Ford Falcon station waggons, and the firm attached a certificate to the effect that they complied with the requirements of the Import Control Regulations. Then came into the picture Mr James Armitage Stanley and Mr Jack Goldsmith, both shareholders in Stagold Investments, Ltd. The Elphicks signed two acknowledgements of debt for £520 each in favour of the two men, his Honour said. Three months later the two station waggons arrived and were registered in the names of the Elphicks. But there was evidence, said his Honour, that Stanley and Goldsmith had handed the balance of the purchase price to Hutchinson Motors and paid to

TO advertise tn “Tfie Press" Classifieds, it's as simple as picking up your telephone Trained operators will be pleased to help you word your advertisement. Dial 50-199 any time.

the Elphicks the equivalent of £lO4O -in sterling, plus a consideration of 11 per cent. On December 16, 1966, two other documents were executed in favour of Stagold Investments, Ltd—-a chattels security and a second mortgage over Elphick's house in Burwood road, the total sum secured being £2854. There was evidence, said his Honour, that Stanley and Goldsmith took both cars and kept them for sonde time. Both station waggons had since been seized. His Honour said that in his view both of the Elphicks had signed false declarations, and had done so knowingly. Appeal Dismissed

His Honour dismissed an appeal by Dudley Alfred Henry Bagot, aged 57, a truck salesman (Mr J. S. Bisphan), against a sentence of six months imprisonment and five years disqualification from driving. Bagot had pleaded guilty in the Magistrate’s Court to a charge of driving while intoxicated and causing bodily harm to a cyclist His Honour said the cir cumstances of the case clearly required that imprisonment be imposed. The Magistrate had referred to a blood test which showed a level of 305 milligrams of alcohol per 100 millilitres of blood, which was an extremely high figure. The Magistrate’s sentence could not be characterised as clearly excessive in all the circumstances. Neither was the five years disqualification Divorce His Honour granted a decree nisi on the petition for divorce of Philip Greenan (Mr J. W. Dalmer) against Mary Ann Greenan and Joseph O'Donnell, a pipe-fit-ter, named as co-respondent. The decree was granted on the grounds of adultery.