JUDGMENT SUMMONSES

Greymouth Evening Star, 4 November 1939, Page 10

JUDGMENT SUMMONSES

S.M. CRITICISES DEPARTMENT

[PER press association.]

WELLINGTON, November 3

The action of the Department of Justice in issuing to Court clerks a circular containing instructions contrary to the decision of a Magistrate was criticised by Mr. J. H. Luxford, S.M., when applications for leave to issue judgment summonses came before him to-day. Mr. Luxford refused to deal with the applications, and although expressing the opinion that the Court’s refusal to deal with them would be unfortunate for the solicitors, stated that an impasse had been created. The Department had apparently seen fit to attempt to overrule the judgment of the Court by giving specific instructions to the Clerk of. the Court not to do what the Court said was lawful for him to do. The Clerk of the Court was bound to obey the direction of the department, namely, not to accept an application for a judgment summons until leave of the Court had been obtained.

“However,” said Mr. Luxford, “I propose to follow the judgment of Mr. A. M. Goulding, S.M., that such leave is not necessary and, therefore, I refuse to deal with such applications.” A point of principle was involved he added, and he proposed to administer the regulations in accordance with Mr. Goulding’s judgment and not in accordance with the Department’s circular.

Mr. Goulding, in a judgment, held that the issue of a judgment summons was not a proceeding to execution in enforcing a judgment. On, however, a judgment order being obtained, application to have the debtor imprisoned in pursuance to the order became an execution and leave to the Court at that stage must be obtained before a warrant of committal could be issued.