TRANSPORT ORDER

New Zealand Herald, Volume LXXII, Issue 22145, 26 June 1935, Page 13

TRANSPORT ORDER

TEST OF LEGALITY GOODS SERVICE LICENCES CASES BEFORE FULL COURT [BY TELEGRAPH —PRESS ASSOCIATION] WELLINGTON. Tuesday The Full Court was occupied to-day in hearing two cases of considerable importance to motor goods service proprietors. The first was an appeal from a decision of Mr. J. H. Salmon, S.M., at Wanganui, in which lie convicted Archie Frederick Wilson of carrying on a goods service between \\ angaehu and Wanganui otherwise than pursuant to the authority of a goods service licence granted under the Transport Licensing Act, 193], and contrary to section 20 (1 > of the Transport (Goods) Order. 1933-34, and section 47 of the Transport Licensing Ac;, 1931. The second case was that of Maurice Ordish Fairhurst against Robins and Company, from Dunedin, and dealt with similar facts. In this case Mr. H. W. Bundle, S.M., dismissed the information. In view of their importance, both cases had been remitted to be heard bv the Full Court. By arrangement, the two cases, which were brought to test the legality of the Transport (Goods) Order, were heard together. Mr. Dickson concluded argument for appellant in the first case after the luncheon adjournment and Mr. Baylee commenced his argument for respondent in the second case. He submitted that the magistrate at Dunedin in dismissing the information against Robins and Company for carrying on a goods service without a goods service licence, had held that the provisions of the Transport (Goods) Order, 1933-34, were ultra vires. The Court adjourned until to-morrow morning.