FORMER JUDGE

New Zealand Herald, Volume 81, Issue 24827, 25 February 1944, Page 4

FORMER JUDGE

SIR 11. OSTLER'S DEATH LONG TERM ON BENCH The denih of Sir Hubert Ostler, for many years ft .Judge of the Supreme Court of New Zealand, has occurred in Dunedin. Sir Hubert was appointed to the Supreme Court Bench in December, 1924, when lie was a member of the Auckland law firm of Jackson, Ru.vcll Tunks and Ostler, and he retired i" Kebruary of la.sf year. He was knighted ill lilt' .New Year honours of 1939. Aged 07 years, Sir Hubert had been in failing health for several years, and went at the end of last week for an operation. Sir Hubert was a son of a Canterbury runliolder, Mr. W. H. Ostler, of the Hen Oliau station, and he was born there. At the age of nine years he was sent to Christ's Hospital, London, and alter he, returned to New Zealand in 1892 he spent eight years farming in the Levin district. In 1900 he took up studies at Victoria University College, Wellington, where he gained his Ljj-.'-L in J9Uo. He was associate to the duet Justice, Sir Robert. Stout, from 190:{ lo 1907, and tor three vearw .subsequent ly he was editor of the New Zealand Law Reports, while practising as a barrister in Wellington. He appeared as a junior with tiie late Sir I'rancis Hell, j\in the big Te Atau native land case, and quickly came into prominence in the law Courts.

In 1910, Sir Hubert was appointed Crown solicitor and Crown Prosecutor in Wellington. He held that position until 1015, when lie joined the. Auckland firm of Jackson, Russell inn, 'Funks, and continued to practise here until his appointment to the Bench. Fie went to England in 1923, and successfully prosecuted an appeal involving" a £IO.OOO insurance claim before the Privy Council. One of Sir Hubert's keen private interests was in the big game of Africa. Twice in 1920 and again in 1923-24, and finally, when he had a year's leavo_ in 193.1,* he made extensive excursions into Cetilral Africa. He took up 10,000 acres of land in the Tanganyika country. In his younger days he was a prominent footballer, being a Wellington representative player. Sir Hubert was a member of the Senate of the University of New Zealand from 191 o to 1919, and for many years was an examiner in law to the university. He married in 1911 a daughter of Mr. James Duigan, of Wanganui, and he is survived by Lady Ostler and three children. When announcing Sir Hubert's retirement in .May. 1912. the .Minister of Justice, the Hon. H. (I. R. Mason, said it was generally known that Sir Hubert's health had been failing for some time, but with .characteristic courage he had long resisted the inclination to give up judicial work. HARBOUR BOARD SUED j CLAIM BY LORRY DRIVER When the hearing of a claim for damages by a lorry driver, Arthur Wilmott Baker (Mr. Fawcett), against the Auckland Harbour Board (Mr. Hamer), ivas resume*! before Mr. Justice Fair and a jury ye<tordav, Mr. Hamer outlined the case for the defence. In September, 1942, the plaintiff was struck by a grab being hoisted out of a lorry, and knocked over the tailboard on to the wharf. For the injuries he then received he claimed {.'900 general and i'a.'lo special damages. Mr. Hamer said the man in charge of the crane that hoisted the grab would say that he saw Baker and a Maori named Downs standing in the lorry beside the grab. As the grab started to rise Downs pushed it toward Baker and as Baker stepped back lie tripped over the tail hoard. The Harbour Board had exercised all reasonable care, and ns far as it was concerned the accident was inevitable. I Evidence on these lines was given by the driver of the crane. James Stark Lambert. He said Baker was not hit by the grab. Addressing the jury, Mr. Hamer submitted that Baker was the victim of an unfortunate accident. By standing in the truck, plaintiff had elected to take n risk, which was not a great one if he had kepi his wits about him. Counsel for plaintiff stated that the evidence had been corroborated by the defence. The evidence of the moving film and the test carried out on the wharf had shown that the grab swung. The crane driver could have stopped the grab at any time. The hearing was adjourned until today. INTOXICATED DRIVER A charge of being intoxicated while in charge of a motor vehicle the previous evening was admitted by a motor mechanic, William John Dowriek, aged 23, before Mr. P. U. Levien, S.M.. yesterday. Sub-Inspector Hariey said accused was seen to get into a parked car in Newton Road and release the handbrake. As the car was moving away, n constable stopped accused and when examined at the police station he was declared to be intoxicated and unfit to drive. The magistrate imposed a sentence of seven days' imprisonment, and cancelled accused's driving licence for 12 moil I lis.