COURT OF APPEAL.

Lyttelton Times, Volume CXX, Issue 14977, 24 April 1909, Page 7

COURT OF APPEAL.

THE OHINEMURI LICENSING COMMISIONEPvS. [Per Phess Association.] WELLINGTON, April 23.

In the Court of Appeal a short judgment was delivered in the, case of Cock and others v. the Attorney-Gen-eral and Mr Justice Sim. Mr Justice Williams made a statement that in this case Mr Justice Sim-is anxious to arrange a sitting of the inquiry, if he has power to.do so. That being so, the Court is unanimously of opinion that plaintiffs are entitled to a writ of prohibition to prohibit the holding of the inquiry. Tho Court will formulate its reasons for that decision in; a few days, and the question of costs meanwhile will stand over.. . NAPIER, April 23. Asked as to the likelihood of an appeal in the case Cock and others v. the Attorney-General and Sim,. Dr Findlay said there was "no- doubt the matter could'he taken to the' Privy Council, but he could not say what attitude the Government would take.

.A QUESIION OF FREIGHT. The Court.commenced the hearing of the case ■ Union Steam Ship'Company v. Wickes. Ltd. The' question of law arising out-of the action was removed by order of Mr Justice Cooper from the Supreme Court of Hokitika. Defendants shipped on the Hawea at Grey mouth timber consigned to Launcoston and Adelaide. The defence was that the Hawea became a wreck, and therefore no freight was payable. ' A condition in the bill of lading under which the timber was shipped was that freight should be payable whether the ship was lost or not, but the defends anfcg alleged that the custom of the plaintiff company was to collect freight at each end of the voyage. The Court gave judgment for plaintiffs, with costs on. the highest scale in the Supreme Court, and costs,on the highest scale as from a distance in the Court of Appeal.