JUDGMENT SUMMONSES

Dominion, Volume 33, Issue 2, 27 September 1939, Page 5

JUDGMENT SUMMONSES

•' 4 — Leave Of Court Must Be Obtained PROCEDURE ADOPTED Dominion Special Service PALMERSTON N., September 26. An announcement that judgment summonses called for hearing could not be proceeded with without leave of the Court except where defendant consented was made by Mr. H. I*. Lawry, S.M., in the Magistrates’ Court, Palmerston North, today. Lie said that was the consequence of the emergency regulations gazetted on Saturday by the Government, and that where there were no applications for the leave of the Court today’s cases would be adjourned unless there were no opposition by the judgment debtor. The magistrate stated that where there was no extraordinary remedy existing judgment summonses had been suspended by the emergency regulations of last week. He added that he had discussed the subject with Wellington magistrates, and it had been agreed that a uniform practice be adopted there in Palmerston North and in other centres whereby a person seeking to provide a remedy must file an application, following which notice would be given to the other side to appear and show cause, failing which an order would be made. That, said the magistrate, was a similar provision to that gazetted during the last war, the only difference being that this time leave of the Court or magistrate could be obtained instead of that of the Attorney-General. Application then had to be made ex parte. Of necessity the onus had been on the person opposing the remedy instead of the person applying for it. An intimation was given, that ordinary court processes for service would be taken, but that to save excessive mileage a service would first be attempted by post in such cases. .