JEWELLERY CASE

New Zealand Herald, Volume LXXV, Issue 23026, 2 May 1938, Page 11

JEWELLERY CASE

CLAIM FOR RECOVERY AUCKLANDER'S ACTION LEAVE GIVEN TO APPEAL [rnoji our own cob respondent] SUVA, April 20 Leave to appeal to the Privy Council against the judgment of the Supreme Court in the action brought by him against Gladys Neville Windrum was granted to Colin Woollam Anderson, of Auckland, by His Honor the Chief Justice this morning. The action was one for the recovery of jewellery and a life insurance policy, which plaintiff claimed were given to defendant as security for payment of a monthly allowance which plaintiff agreed to make to defendant while she remained with him. Defendant claimed that the jewellery and life insurance policy, together with shares in New Zealand Newspapers, Limited, were an absolute gift. An alternative defence filed claimed that the jewellery, shares and life insurance policy were given in respect of, and in furtherance of, an illegal, unlawful and immoral association. In his reserved judgment the Chief Justice said he was satisfied that the jewellery and life insurance policy were not transferred as a gift, but as security for the payment to defendant of an allowance of £3OO a year. No satisfactory explanation having been given regarding the shares he held that they were a gift. In regard to the alternative defence, His Honor said that on the authorities cited plaintiff could have no relief from the Court, and the action was dismissed.

In applying for leave to appeal, plaintiff's solicitor asked the Court to make an order for the preservation of the subject matter of the action, that is, the jewellery and life insurance policy, pending the appeal. He quoted authorities in support of his application that the subject matter be preserved so that the litigant, if ultimately successful, may not reap merely a barren victory. Counsel for defendant argued" that the Court now had no jurisdiction to grant an injunction, and, further, that the application had been made too late. Judgment on the question of the injunction was reserved.