THE SYDENHAM LICENSING CASE.

New Zealand Herald, Volume XXIX, Issue 8886, 24 May 1892, Page 5

THE SYDENHAM LICENSING CASE.

[BY TELEGRAPH.—I'KESS ASSOCIATION*.] Wellington, Monday. In* the Court of Appeal to-day judgment in the case cf Isitt and Others v. Taylor and Others (Sydenham licensing case) was delivered, the appeal brought by the licensing committee beintr allowed, and the cross appeal of respondents disallowed, in each case without costs. The chief ground for dismissing the cross appeal was that the applications for the licenses in question having been already heard and determined by the licensing committee, there was nothing to prohibit or restrain. The appeal from the order of Mr. Justice Donniston was allowed, on the ground that, there was no power in the Supreme Court to lay down a rule ol law and to grant art injunction to the committee or lower Court against deciding otherwise than in accordance with such rule of law. The Court said that the interpretation put upon the Licensing Act by Mr. Justice Denniston was, in the main, sound, but that the committee was entitled to consider the wishes of the objectors, as well as the wants of those who desired to purchase liquor, in deciding whether a publichouse was required in a neighbourhood. In the view the Court took it became unnecessary to consider whether the Court could, on the application of those whose licenses had been refused, have prohibited the committee generally from sitting and acting' during the remainder of their term. Notice of appeal has been given against the decision of the Court of Appeal in dismissing the cross appeal.