TAXICAB LICENSES

Nelson Evening Mail, Volume 80, 14 April 1945, Page 4

TAXICAB LICENSES

EX-SOLDIER’S CASE Wellington, April 12. A case of importance to applicants for taxicab licenses throughout the Dominion, with particular reference to applicants who are discharged servicemen. was heard to-day in the Full Court. In March. 1944. the Wellington Metropolitan Licensing Authority decided to increase by ten the number of taxicab service licenses operating in the city and invited applications from discharged servcerqen. There were 19 applications. including one by Arthur Mornington King, who was a discharged serviceman who had not been overThe licensing -authority, giving preference to men who had been overseas, granted taxicab-service licenses to ten of the applicants all of whom had been overseas. King being an unsuccessful applicant, appealed to the Transport Appeal Authority, Sir Francis Frazer, who found that discrimination against applicants who had not served overseas was the cause of King’s failure to obtain a license, but held that, the right of appeal did not lie against the granting of a license to another person, but was confineci to an appeal against the refusal of a license to an appellant himself. King applied to the Supreme Court for a writ of mandamus to command Sir Francis Frazer, as Transport Appeal Authority, to hear and determine his appeal, which he alleged Sir Francis Frazer had wrongly refused to consider and determine. Mr Justice Johnston on November 17 granted the mandamus asked for, on the ground that t’nc licensing authority had no right to give preference to discharged servicemen who had been overseas over servicemen who had not: that the appeal authority could not decline to hear and determine King’s appeal to it and that the appeal authority had power to direct the licensing authority to reconsider the matter. Sir Francis Frazer has now staled a case for the opinion of the Supreme Court on various points of law arising out of King's case and for an interpretation of certain sections of the Transport Licensing Act, 1931. and its amendments. In the meantime a re-hearing by Sir Francis Frazer of King’s appeal has been deferred. After discussion in the Full Court to-day between the Bench and counsel the hearing was adjourned sine die to enable negotiations to be, made for King lo get a license. —P.A.