CITY AIRPORT

Evening Post, Volume CVIII, Issue 17, 19 July 1929, Page 11

CITY AIRPORT

I INTERIM INJUNCTION

COUNCIL'S APPLICATION FAILS

Unexpected opposition was met with by the City Solicitor (Mr. J. O'Shi-a) in the Supreme Court to-day, when, on behalf of tho Wellington City Council, he applied for an interim injunction restraining the Goodwin, Chichestcr Aviation Company, Ltd., of Wellington, from using the Eongotai airport as a starting or lauding-placo for its two aeroplanes, and from housing the machines on the property. The statement of claim in the case, which was heard in Chambers, stated that the plaintiff was the owner of the property, which was used on 12th July by the defendant company for its aeroplanes without the plaintiff's permission. On the same date, the plaintiff served notice on the company requiring it forthwith to discontinue using the airport, and to remove the aeroplanes. The company's reply was to the effect that nine months ago it had asked for -permission to fly from Lyall Bay, and had renewed the request verbally and in writing many times, but on each occasion permission had been refused on one ground or another. The company had not in any way intimated that it would remove the machines, and cease to use the hangar, and the plaintiff accordingly claimed an injunction or order against it.

At the outset, Mr. O'Sliea said that, the company was claiming to use land properly belonging to the council without the latter's consent. Mr. Justice MacGregor: "Have they been served with the papers.' There is no affidavit of service." j Mr. O'Shea: "This is an interim injunction, your Honour. I will undertake to file an affidavit of service to- j day. These interim injunctions are made ex parte." His Honour: "They are made vx parte if the Judge makes them ex parte, Mr. O'Shea." THE KENT TERRACE CASE. Mr. O'Shea: "A similar thing was done in the Kent terrace case." His Honour: "I don't want to know about the Kent terrace case. I want to know whether these people were served." Mr. O'Shea said that the using of the airport at present was an absolute danger to the life and limbs of the children of the district. The company was on the- ground without permission, and was using aeroplanes. His Honour: "Well, there is nothing on affidavit about danger to ]ifo and limb. I am not going to make ari order against people residing in Wellington without having them served." Mr. O'Shea: "It is not an airport, and tho affidavit shows that it is private property." REMEDY AVAILABLE. His Honour: "Well, if they are trespassing on the property, you can get remedy, but you certainly can't get an interim injunction unless they are served." Mr. /O'Shea: "I will serve these people if I must, your Honour, but I submit I am entitled to an interim injunction now." His Honour: "You won't get it from me. You will have to serve these peoplo aud give them reasonable notice to put forward their case if they have got one." Mr. O'Shca said that ho would make further application to-morrow. His Honour: "It is no good talking about to-morrow. They can't prepaid their ease in that time." Mr. O'Shea: "It is impossiblo i'or us to keep tho children oil the place." His Honour: "Thero is nothing in the affidavit .about keeping children off tho place." Mr. O'Shea: "Will your Honour sot a date for the hearing of the application? I beg of your Honour to givo me an interim injunction in case thero is a fatality."

His Honour: "There' is nothing in tho affidavit to show that a fatality is likely."

Mr. O'Shea: "I ask for the injunction in tho interests of tho safety of tho children." ' '

His Honour: "Well, there is nothing' in tho affidavit about the safety of the children."

Mr. O'Shea: "If any child gets in front of a propeller and is killed . . ."

His Honour: "You should have- stat ed that in your affidavit."

_ Mr. O'Shea: "Tho position is that if it can't be done to-morrow mid someone is killed ..."

His Honour, aflei- reading tho correspondence between the parties, said that nothing was done between 12th and 18th July, and then suddenly tho papers were filed. That lapse of time surely indicated that there was no urgency in the matter.

Mr. O'Shea: "Your Honour, the papers were filed ..."

His Honour (sharply): "Very well, I shall refuse tho application." "I shall make another application," said' Mr. O'Shea, as ho left the Court.