GOODFELLOW CLAIM

Northern Advocate, 19 October 1935, Page 9

GOODFELLOW CLAIM

A. E, DAVY AS DEFENDANT, EARLY HEARING SOUGHT. OBJECTION. RAISED. [Special to “Northern Advocate.”! ~ WELLINGTON,. Thi? Day. Before the Chief Justice, Sir: Michael Myers, in chambers yesterday, an application for- an early hearing of the case between William Good cellow, company director, and Albert Ernest Davy,, political. organiser, was opposed. The application was made in consequence of. the issue of a w r it by Messrs Findlay, Hoggard, Cousins and < Wright, agents for Messrs Earl, Kent, Massey nnd North, solicitors, of Auckland, on behalf of Goodfellow, who is seeking a declaration; that the agreement between himself and Davy in regard to the formation of the Democrat Party is no longer .binding, and- is claiming £1145 16/8, allegedly paid as a salary to. Davy. Mr D. R. Hoggard, who appeared for plaintiff, said he was instructed to ask for •an early fixture, and < suggested . November 5 as a suitable date. Mr D. G. G. Watson, who appeared for Davy, said that in his submission the case would not be ready for trial this session. He had only just received particulars of the' statement of claim, which, he said, was filed in such a manner that nobody could plead to it. After the papers had been considered and the defence filed, it was obvious that extensive interrogatories would be required, and discovery would have to be made. Mr Hoggard: “I am prepared to give discovery without an order,, and to do everything to bring the trial on.” Sir Michael Myers; “Supposing we leave it at the moment, and you two gentlemen can see me in the course of next week, and then, if the case is ready, I can give you a fixtui’e.” Mr Watson; “I can assure your Honour that the case will not be ready.” No fixture was made and jn the meantime the matter is to stand over.