MOTORIST'S ACTION
STAY .OF PROCEEDINGS SOUGHT An action was brought .by the United Insurance' Co., Ltd., before Mr. Justice MacGregor in the Supreme Court to-day for an injunction to restrain Claude Thomas Arthur from proceeding in the Magistrate's Court with a claim for £200 made against the insurance company for loss sustained by damage to his car, over which the company held a policy. Mr. H. F. O 'Leary, who appeared for Arthur, raised the point that the Supreme Court had no jurisdiction to stay the proceedings on tho ground that tho parties had agreed to refer tho matter to arbitration, because the proceedings had been brought in the Magistrate's Court, and the power given to the Supremo Court only applied where the action was commenced in that Court. It was further contended that if the Arbitration Act did not apply there was no other means by which a stay could bo obtained. Mr. C. H. Trcadwell appeared for the plaintifiT Tho hearing of the case was adjourned lo enable counsel to consider the position.
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Bibliographic details
Evening Post, Volume CVI, Issue 46, 31 August 1928, Page 10
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175MOTORIST'S ACTION Evening Post, Volume CVI, Issue 46, 31 August 1928, Page 10
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