WOMAN'S COURT DEBUT

New Zealand Herald, Volume LXXV, Issue 22970, 23 February 1938, Page 5

WOMAN'S COURT DEBUT

FIGHTS OWN CASE OPPOSED BY KING'S COUNSEL "CHANCERY COURT MANNER" [FROM OUR OWN CORRKSI'OXDENT] LONDON. Jan. 21 For four clays a young married woman who had never been in a Court of law, oven in tho public gallery, lias appeared with distinction as her o\vn advocate in the Chancery Division, London, at the present sessions. Opposing her was distinguished King's Counsel, Mr. 11. F. Roxburgh, representing an important building society, yet so well did the defendant, Mrs. E. F. E. Borders, of West Wickham, Kent, present her case that she raised a number of points described by the Judge as of great importance to building society members throughout the countiy. Mrs. Borders contested an action brought by tho Bradford Thihl Equitable) Building Society to obtain possession of the house she occupied on the ground that she was three months in arrear with repayments. Mrs. Borders denied the arrears and alleged that she had been fraudulently misled by tho society into the belief that the house complied with local authority requirements, whereas actually there were structural defects. She counter-claimed for £B2l. Documents Not Produced

Tho case first, attracted attention when Mrs. Borders claimed that only certain letters written by her to the society had been produced. A number of letters were subsequently handed to her by the society's solicitor, whereupon the Judge, Mr. Justice Bennett, said: "It is a matter for very grave comment that these letters were not 'discovered' before. The plaintiffs make an affidavit of documents and do not disclose half of them. It is indefensible." He thereupon adjcnirned the hearing to enable Mrs. Borders to examine the letteni.

At a later stjige Mrs. Borders was on her feet for practically a whole day arguing her case and replying to observations made by opposing counsel. She claimed an injunction to restrain the society from making further advances until all its present properties were put into repair. The Judge considered this point of wide importance and fixed a date a fortnight hence to hear her submissions on it. No Knowledge of Law People with lengthy legal experience say that she has the perfect Chancery Court manner—quiet, imperturbable, instant in reply, tenacious and never at a loss for a fact. "I got all my experience from listening to Mr. Roxburgh on the other side," she said. "I know nothing of tho law. I am relying entirely on the" facts. The case, is taking a great deal of time, but last week-end I had to put itiaside for a while and do some washing." When the case was adjourned for a fortnight the Judge suggested that it might be well for Mrs. Borders to take legal advice on ijome of the abstruse matters of law tliat had emerged from a difficult and involved case.