COURT NEWS

Grey River Argus, 16 September 1941, Page 1

COURT NEWS

WOMAN’S DIVORCE SUIT RESPONDENT IN GERMANY WELLINGTON, Sept',. 15. Dorothy Salamone Emilie Steinhardt, formerly of Berlin, having instituted divorce proceedings against her husband, Salli Steinhardt, in the Supreme Court, Wellington, approached that Court for a special order granting her leave to proceed with the divorce, without complying with the usual procedure of serving a copy of the proceedings on her hus- , band, .- lu._s.UPPprL.J)£Jjer.-application-"she stated that she had not heard from her husband since she came to New Zealand in 1938, and that prior to. her leaving Germany her husband had displeased the authorities with his Communistic activities. For these activities he had previously been imprisoned and she believed him to be in a concentration camp. To assist her in her application, affidavits were filed by her uncle, Ignatz Sternberg, of Wellington, retired medical practitioner, and her brother, Alfred Bruno Sternberg, of Wellington, medical practitioner, in which these doctors swore that from their knowledge they believed that the husband, if still alive, would be in a concentration camp. The application . came before Mr Justice Johnston oft* June 19, but was refused. To day Mrs Steinhardt is asking the Full Court to review Mr Justice Johnston s decision. THE APPLICATION DISMISSED. P.A WELLINGTON, September 15. In the Steinhardt v. Steinhardt case, addressing the Court on behalf of the petitioner, Mr R. H. Boyes said petitioner, in her affidavit, had sworn that, though she and her husband were boot in Germany, and, in view of the state of war wer e aliens, she was domiciled in New Zealand, and Intended to reside here continuously. A person, contended M r Boyes, even though h e may be an enemv subject, who is voluntarily residing in British territory under the protection of the Crown, is an alien friend, and, although subject in New Zealand to Alien Control Emergency Regulations. is entitled to seek the assistance our Courts. . That position applied lo the petitioner. He said that personal service of the documents in the case on the respondent, in Germany, was absolutely impossible, because of the war. * He said the practice in the Divorce Court .was to allow a petitioner to proceed with a divorce without serving the respondent where service on the respondent was impossible. Mr Bo'j.es submitted that, in view of all the*" circumstances, an order should be made permitting Mrs Steinhardt to proceed with a divorce- .without serving any documents <3n Steinhardt. Mr Taylor, for the Crown, agreed that, although an alien, Mrs Steinhardt was entitled to sue for divorce in the Courts of New Zealand, but he' submitted that the power to permit the petitioner to proceed with a divorce without first serving the respondent was a power which should be exercised only in very exceptional circumstances. At the conclusion of the argument, the Couft dismissed the application. Chief Jus'tice Myers said that, for 1 himself, he was of opinion that Mr ! Justice Johnston was right in refusini; the order asked for. His lionoui pointed .QUt that the case was not a civil one, but a suit in which the status of the parties was involved. The respondent was last heard c r m Germany, and, .even if his whereabouts were ascertained, it would be impossible to notify_him of the ceediners It would bo .wrong; to ue* nrive the respondent of notice of tne i proceedings, and of any chance to ! defend. The respondent might have a very good answer to the proceedI Ines, and he might wish to avail himi self of it. In his opinion, it was not a ease where the Court should exercise its discretion in. favour of. the respondent in the manner asked. The other members of the. Court, Justices Smith and Fair, expressed the same opinion. 1 BANKRUPT LAND AGENT. CHRISTCHURCH. Sept. 15. William John Spratt, 53, land agent to-dav pleaded guilty in the Magistrate’s Court to 18 summary charges of failing Io account for trust money totalling £1927 4s lOd. Evidence is be--1 inp* heard on a charge of obtaining £lOOO bv false pretences. Detective Halcrow said that Spratt

surrendered himself tj the police on August 18, adrmttin': the theft of trust monies. LATER. In the Spratt case, after the evidence of 25 witnesses had been heard, the casn was adjourned till to-mor-row.