CONTEMPT OF COURT.

New Zealand Herald, Volume LXV, Issue 20058, 22 September 1928, Page 16

CONTEMPT OF COURT.

DEBTOR'S NEGLIGENCE. JUDGE FAVOURS COMMITTAL. ORDER " DELIBERATELY DEFIED." Negligence described by Mr. Justice Heed as contempt of Court was the outstanding feature of a case in the Supreme Court yesterday. George William Gustafsson (Mr. Thomson), plaintiff in a claim for money against .Alexander Henry Martin (Mr. Mac-kay), applied to have the defence struck out for non-compliance with an order of discovery and also asked judgment for £277, balance due for building work done. "Why did you not move for an order of committal ?" His Honor asked M.r. Thomson. Counsel replied ho thought, the present method would be more efficacious. "When a man deliberately dofies an order of the Court as this man lias done," said His Honor, at the conclusion of the case, "it is very much better to move for an order of committal and "then ho can be punished." Mr. Mackay said (ho action was one arising out of a building contract., and no regular accounts seemed to have been kept cither by plaintiff or defendant. Defendant was very much in default, but ho had informed counsel he had had considerable trouble in getting from three banks in which he had accounts tho old cheques. The matter went back over two years. Defendant was at present confined to bed with influenza. Ho asked for an extension of time. Tho matter was essentially one in which accounts should bo taken. Mr. Thomson said he must strongly oppose any extension. His Honor: The man has treated the whole thing with contempt, according to tho affidavits. Promise after promiso had been made to file the affidavit of discovery, and he had not dono it. Mr. Mackay said ho admitted there had been undue delay. Ho was quito prepared to consent to an order being made for tho taking of accounts. Ilis Honor: I would not havo had tho slightest hesitation in giving an order for committal if you had asked for it on these affidavits. Sir. Thomson: lam sorry I did not ask for it. When His Honor proposed to give judgment for tho amount claimed, Mr. Mackay said plaintiff would have to prove tho amount owing before he was entitled to judgment. His Honor: I do not know that. It seems to me when a man has committed contempt like this a judgment can bo given. His Honor made an order striking out tho defence and giving plaintiff leave to enter judgment for the amount of £277 claimed, this being conditional on defendant failing to file an affidavit of discovery by noon next Wednesday. Costs were allowed against defendant.