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LEGAL AMENITIES., Issue 7928, 8 June 1889
A alight difference took place between the Chief Justice and counsel at Wellington yesterday in connection with an order made some time ago in the bankrupt estate of William Munro, when Mr Edwards moved that the order be cancelled. The principal grounds of tho motion were that the order was made without proper argument of Mrs Munro’s rights, and that it was drawn up and registered in breach of faith. His Honor said there must have been some misunderstanding as to tho order now produced. He could not say it could not have been a breach of faith, and must have been an error. Perhaps it might have been encouraged by his remark that ho was not prepared to say what course he should take if tho order were drawn up and presented to him to be signed. Mr Edwards complained that an affidavit had been filed which practically charged him with perjury, but he was satisfied that after what His Honor had stated his character would not suffer.
Mr Jellicoe, for the Official Assignee, said he had simply sworn that lie was not present at the sitting of the Court on the 22nd March, because, as a matter of fact, he was elsewhere. It was clear that Mr Edwards, in stating the contrary, was mistaken. Mr Edwards : Mr Jellicoe was here. His Honor says he was, and that satisfies me. His Honor said that what was now taking place showed what value was to be placed on the testimony of Maoris and persons who spoke of what occurred twenty years ago. Here were a number of lawyers who were supposed to have all their wits about them, and they could not agree as to what took place a few weeks ago, Mr Jellicoe proceeded with his argument. His Honor deprecated discussion as to the meaning of the words, and said it seemed that the Official Assignee, if he was instructing Mr Jellicoe to take the present course, was attempting to promote injustice. Mr Jellicoe said lie was sure His Honor would not say that if he would consider for a moment what had taken place. His Honor (interrupting): It is useless to repeat all this ; of course I am aware of all that. Continuing, he said that in his opinion Mr Jellicoe was taking a very false position, and he should have thought that if a Judge said that it was a matter for consideration, the Official Assignee (if ho heard it) should very seriously consider it. lie did not call it sharp practice—it was not that; but he had no doubt that it had been done under the full impression that there was a right to do it, and that it was a proper thing to do. He was satisfied, at the same time, that it was quite an error. After some further discussion it was decided that argument should proceed on the same basis as though the order had never been drawn up. His Honor ultimately reserved his decision upon the point, but said, in reference to his previous remarks as to the stand taken by the Official Assignee and Mr Jellicoe, that on full ventilation of the matter it was easily seen that the justice of the case was quite in favor of the Assignee and creditors, and against the other side.
LEGAL AMENITIES., Issue 7928, 8 June 1889
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