New Judge Appointed

Manawatu Times, Volume 60, Issue 99, 30 April 1935, Page 7

New Judge Appointed

Mr J. B. Callan, K.C., of Wellington

WORK OF SUPREME COURT (Special to “Times”) WELLINGTON, Last Night. The Acting Prime Minister (Hon. E. A. Ransom) announced to-day that Mr. J. B. Callan, K.C., of Wellington, had been elevated to the Supreme Court Bench. The appointment of Mr. Callan, together with that of Mr. E. H. Northcroft, of Auckland, whose acceptance of a Judgeship was announced recently, was made to-day. They both are to take up their duties as from May 1.

Mr. Callan was born in Dunedin in 18S2, and was educated at the Christian Brothers’ School and at the Otago University. He took his B.A. and LLB. degrees in 1906, and in the following year became a partner in the firm of Callan and Galloway on the retirement of his father. He held the position of Dean of the Faculty of Law of Otago University for 11 years, and was a lecturer at the university for 20 years. He was a member of the Council of Legal Education, and was president of the Otago District Law Society and the Otago Amateur Athletic Association. He is a member of the University Senate. He serve® in tho N.Z.E.F. as a captain of the 3rd. Battalion of the New Zealand Rifle Brigade, and has held the position of vice-president of the Dunedin Returned Soldiers’ Association. Mr. Callan came to Wellington in February, 1934, and was made a King’s Counsel in March of that year. Mr. Callan is a most experienced lawyer with a long record of successful appearances in the Supreme Court. Ho is also a man of wide knowledge and scholarly attainment. He is a cousin of Sir Frank Gavan Dully, Chief Justice of the High Court of Australia. Strength of the Bench

“On May 1, there will be two positions to be filled on the Supreme Court Bench,” said Mr Ransom to-day. “One of these will arise from the fact that Mr. Justice Johnston will, on that day, assumo the office of Judge of the Court of Review set up by recent legislation. The other will be due to the fact that Mr. Justice Herdman will, on that day, commence his three months’ leave of absence, preceding his resignation, which will take effect as from the end of July. “It is very necessary that the work of the Courts should not be retarded in any way, as this would cause inconvenience to litigants m various parts of the country. The Government has, therefore, made arrangements for the filling of the positions referred to above. As announced before Easter, Mr. E. H. Northcroft, of Auckland has been offered, and accepted, one of

them. “As the Court of Review does not come into existence until May 1, the position which Mr. Northcroft is to fill will not arise till then. Before the appointment of Mr. Northcroft can be made tho Government will have to receive a certificate under section II of the Judicature Act, 1908, to the effect that it is necessary for the due conduct of tho business of the Court that one or more additional Judges should be temporarily appointed. This certificate must be signed by the Chief Justice and not fewer than three other permanent Judges. I uuderstaud that the necessary certificate will be handed to the Government as soon as Mr. Justice Johnston has been appointed by his Excellency to the Court of Review.

“Tho other position will be filled by the appointment of Mr. J. B. Cailan, K.C., formerly of Dunedin, but now of Wellington. Mr. Cailan will be appointed to take the place of Mr. Justice lierdman. In this case also, a certificate will be required as Mr. Justice Herdman is technically still a Judge of the Supreme Court, and wi# remain such till the end of July. The certificate upon which his Excellency will be asked to act in appointing Mr. Cailan as temporary Judge during the period of absence on leave of Mr. Justice Herdman has also been signed in accordance with the terms of the statute and has been forwarded by the Chief Justice to me. After Mr. Justice Herdman’s three months’ leave of absence has expired, Mr. Cailan will be appointed a permanent Judge of the Supremo Court.

Continuity of Work ‘ ‘ While acting as Judge of the Court of, Review, Mr. Justice Johnston of course remains in al re spec to a Judge of the Supreme Court. The position, therefore, is that arrangements have been made for the continuity of the work of the Supreme Court, and for the maintenance of the Bench at its full strength. Indeed, when all arrangements have been completed the number of Supreme Court Judges (including tho Judge of the Court of Review) will be one more than the present number of permanent Judges prescribed by tihe Judicature Act. The necessary consequential legislation will, it is anticipated, bo passed during the next session of Parliament.’’