COURT DISOBEYED

Matamata Record, Volume XX, Issue 2021, 30 March 1939, Page 4

COURT DISOBEYED

KATIKAH FARM Refusal to Give Up George William Blunder*, farmer, of Katikati, was sentenced to a maximum of three months’ imprisonment in Mount Eden gaol by Mr. Justice Callan at the Supreme Court, Auckland, for disobeying an order of the court to vacate a farmhouse.. The case was one in which Mrs. Mary Violet Keeley, of Katikati, and' recently- of Waharoa, was granted, an order for possession of a farm, which. Blhndtel® refused to give up. Max. Ax K.. North, instructed by Mr. HI E. Seiioflelffi. of Matamata, appeared! for plaintiff. Defendant was not represented!. Mr; North, in outlining the position-,. stated that last week his client had’ been granted a writ of attachment against Blundell on the ground that he had disobeyed an order for specific performance of a farm-pur-chase contract. Blundell had agreed : to-sell liis farm, valued at £1000; and liad signed an agreement to give-pos-session. However, he refused to i vacate the farmhouse, and now- said jlVe would only give up possession when he got a mortgage. Defendant had had a writ served on him, but had filed no defence.

His Honour remarked that a- difficulty was created because defendant had not any legal adviser. Hts Honour told Blundell he was- clearly obliged to give up possession of the farmhouse.

Defendant: I am quite willing to give up possession of the house any time that he pays me some money. Mr. North stated his client was quite willing to give the second mortgage, which was all ready. His Honour advised defendant that by refusing to have a lawyer he was preventing the matter from being settled.

After further discussion His Honour made an order committing defendant to gaol, as stated. Defendant to remain in gaol until he complied with the order of t!Te court, with a limit of three months. Later in the afternoon defendant had the benefit of the advice of a solicitor, and negotiation took place, but without affecting the court’s decision. .7. . ;