JUDGE'S REBUKE

New Zealand Herald, Volume LXXII, Issue 22198, 27 August 1935, Page 9

JUDGE'S REBUKE

TRUST BUILDING CASE CABLEGRAM FROM DOMINION DEBENTURE-HOLDERS' WISHES By Telegraph—Press Association—Copyright SYDNEY, Aug. 2f> When the sale of the Trust Building was mentioned in the Equity Court to-day Mr. Justice Long-Innes read what he described as "a most extraordinary cablegram" he had received from New Zealand. The cablegram read: "Re application concerning Trust Building, formerly the property of the McArthur companies. New Zealand debenture-holders desire an opportunity to be heard. Are against sale at a low valuation. —Richmond, counsel for New Zealand DebentureHolders' Committee." His Honor said that if Mr. Richmond were a barrister and had signed the cablegram he had been guilty of gross impropriety in addressing a Judge on matters of this sort. Dr. Louat, who appeared for the McArtliur Trust, said ho had received no instructions from New Zealand. He understood the New Zealand DebentureHolders' Committee represented several thousand people. Ho also understood that they intended opposing the sale of the building. The Judge: This is an improper way of opposing it. It is of course contempt of Court. I cannot do anything to them as they are out of my jurisdiction. He also expressed the opinion that the New Zealand debenture-holders should brief counsel. On account of the illness of Mr. R. C, Teeoe, K.C., who is representing the Public Trustee, the hearing was adjourned for a week. Mr. H. P. Richmond, of Auckland, yesterday sent the following cablegram to Mr. D. Maughan, K.C., Sydney:— "Please express my regret and apologies to Mr. Justice Long-Innes in respect of the cablegram sent to his associate concerning the Trust Building. The cablegram was sent in my absence from Auckland as the result of a misunderstanding arising out a long-distance telephone conversation between myself and my offide, in which, on instructions from "the debenture-holders, I gave authority to send a cablegram to Sydney solicitors or counsel. My clerk was faced with practical difficulties in instructing solicitors or counsel, and the matter being regarded by the deben-ture-holders as of extreme urgency, he thought my authority was wide enough to cover Communications to His Honor's associate and that this would not bo objectionable."