POWER OF COURT

Evening Post, Volume CXL, Issue 55, 3 September 1945, Page 6

POWER OF COURT

WARNING BY JUDGE

INJUNCTION DISOBEYED

Three persons appeared before the Chief Justice (.Sir Michael Myers) in the Supreme Court today in the custody of the Sheriff (Mr. Reynolds) under a writ of attachment . issued against them for disobedience of an injunction granted by the Court restraining them from parking motorcars on a vacant section giving access to certain property in Hay Street and from using a private right-of-way. The three defendants were Irene Ryan, married woman, and Michael Patrick Ryan, sLowman, of Oriental Parade, and Cyril Charles Satchwell, taxi driver, against whom the injunction was granted on April 24 on the application of the several owners of the land and right-of-way. His Honour remarked that the defendants had behaved very stupidly and they had had their lesson. He reminded them of their liability to imprisonment for flouting the Court's order. Mr. W. P. Shorland, for the plaintiffs, said that over the weekend the defendants' demeanour had changed. His Honour (smiling): A certain place a few thousand miles away is not the only place where there has been peace, then. Remarking that the defendants were present on attachment, his Honour asked Mr. Shorland if he was satisfied with the assurances the three were prepared to give that the injunction would be obeyed in future. Mr. Shorland replied in the affirmative. Mr. W. J. Stacey, for the defendants, suggested that the proceedings might be adjourned for a time. He felt sure there would be no further trouble. . His Honour said that the Court would not tolerate any nonsense from the defendants. Mr. Stacey said/ the defendants had all given him their personal assurance that the order would be obeyed. A similar undertaking was given to the Court by each of the defendants. His Honour thereupon discharged them from custody and ordered them to pay £5 5s costs and disbursements incidental to the writ of attachment without prejudice to the right of the plaintiffs to take further proceedings in the event of further disobedience of the injunction. "You know by now the power of the Court, and I hope the Court will not be called upon to exercise it," said his Honour to the defendants, "but if there is any further disobedience of the injunction, that power will be exercised without any hesitation. You have your chance now to show your sincerity in this undertaking, and I hope that will end the matter."