COUNSEL REBUKED

New Zealand Herald, Volume LXXIII, Issue 22346, 18 February 1936, Page 14

COUNSEL REBUKED

ATTITUDE TO COURT 44 SCANT. RESPECT SHOWN" CHIEF JUSTICE'S CENSURE [by tei.ecr.vfh —OWN correspondent] NAPIER, Monday The action of a Whangarei counsel acting for the defendant in a breach of promise case at the Supreme Court in Napier came in for criticism by the Chief Justice, Sir Michael Myers, to-day. The case was that in which llita Gwendoline Pederson (Mr. C. G. Harker) claimed £l6O damages from Raymond L. Kilford for alleged breach of a promise of marriage. The defendant, who resides at Kauri, near Whangarei, was to have been represented by Mr. 11. K. Trimmer, qf Whangarei. When the action was called Mr. A E. Lawry stated he was appearing for the plaintiff, while Mr. W. T. Dobson appeared as agent for Mr. Trimmer.

Mr. Dobson explained that Mr. Trimmer had telephoned him last evening pointing out that the case had been irregularly set out within tho date fixed in the writ. He, therefore, made application that the case should bo removed from the list.

His Honor: Does Mr. Trimmer think this is paying proper respect to the Court?

Mr. Dobson: I have no idea what his reasons are.

Mr. Lawry said it appeared the time of 28 days stated in the writ had not expired when the sittings commenced. Mr. Harker had been advised of the position yesterday. He had been read> to proceed with the case to-day and had spent last evening getting in touch with his witnesses.

In reply to His Honor Mr. Dobson said he understood Mr. Trimmer did not know until Wednesday afternoon the position in regard to the case. His Honor: And he waits until Sunday before he lets the other side know and Monday before he lets the Court know. I regret Mr. Trimmer is not here. , ~ To Mr. Dobson: But you can tell him the Court has expressed the view that his conduct it not what tho Court is entitled to expect from an officer of this Court. He has shown scant respect, not only to the Court, but also to a fellow-member of his profession. The result is also that the time of this Court is wasted in that there is nothing else set down to be done to-day. I suppose Mr. Trimmer does not ask for costs, Mr. Dobson? "No, sir," said Mr. Dobson. His Honor: It is just as well. The case was struck from the list.