SUPREME COURT.

Dominion, Volume 1, Issue 75, 21 December 1907, Page 7

SUPREME COURT.

IN BANCO

Sitting in -Banco yestorday afternoon, His Honour, Mr., Justice Cooper, heard furthor evidence-relative to tho motion for the_dissolution of the'injunction obtained bjy Mrs. Field against Allan Ma b mire and his contractor; restraining them from, cutting into the bank'at the rear, of, the new Commercial Hotel ion, Lambton Quay. Mr. Skerrett, K.C. (with him Mr. Buddie) appeared • for. Maguiro and his contractor, the original defendants, in support of the motion; -and: Mr. Bellj.K.Gi (with,hini Mr* Luckia) ifor. Mrs.; Field, the original plaintiff, to oppose the motion. His Honour said: that after looking carefully into the matter, he had come to : the conclusion that he- should not, dissolve the injunction, if it would, by any chance, , leave the plaintiff in'a position !of insecurity. _ He, pointed out that 'no design or plan indicating what the defendant intended to do had been produced. He. therefore thought it better to leave tho matter where it was; and tho parties where thoy were. . Mr. Skerrett said lio did not object to this course. As tho case stood, His Honour had no? decided 'anything. i _r His Honour saicl that that was so. Ho took it-that defendants-'were-at liborty to set down an application for a fresh motion. Mr; Skerrett expressed tho'opinion that the work' which. .his clionts had in their minds' eye would not disturb- even a singlo speck of dust on plaintiff's land. It was tho desire of his clionts that the motion beforo the Court should'be.kept alive. "j'. • ■ His Honour: Very well, Mr. Skorrett. | I shall refuso to dissolve tho injunction, and allow costs to plaintiff on, tho motion. You may renew this.. application at any • timo upon giving noticc .to counsel on the other sido.. l . ■'■ ' ' ;■._' ' Costs, totalling £52 10s., including cost of preparation'of affidavits, etc., were or-dered-to bo paid by tho defendants to plaintiff. Mr. Skorrett subsequently intimated that thevwork would bo carried out in a different manner from, tliat which had beon proposed.