AN APPLICATION REFUSED.

Evening Star, Issue 10851, 8 February 1899, Page 2

AN APPLICATION REFUSED.

In the case Lebons Bay Road Board v. Oldridge, heard in cambers at Qhristchurch yesterday before Mr Justice Denniston, Mr Stringer, for Oldridge, respondent, asked leave to appeal against the previous judgment of the Court. The amount involved (£8) was small, but the principle was important. Mr Fisher objected on the ground that the application must be refused, as it had been made too late. The summons for leave to appeal had been taken out four months after judgment had been given. He cited a decision of Mr Justice Williams, who had refused leave to appeal in a case in which the application had been made 3J months after judgment. His Honor said there were four points to be considered in connection with the application for leave to appeal: First, the amount involved; second, tfie extent to which.'.. wishing to appeal was interested; third, any doubt that the'Cfetirfc' : ittr3i% hafcejfarid fountfa'j the delajs that ; 4idd*takVir jSlace in this'"case. Thft' small, aftd; .any hardship that respondent might have 1 suffered had b|en brought about by his'own delay. The point involved was certainly an interesting one, and one that His Honor would like to see settled; but he could not allow an abstract view to come between Mi*. rights of parties. As to the. delay that had taken place, he was. inclined to agree with.. the ruling of Mr Justice William's, 'The application was refused. ' V 1 I