THE COLONIAL BANI LIQUIDATION.

Otago Daily Times, Issue 13652, 23 July 1906, Page 3 (Supplement)

THE COLONIAL BANI LIQUIDATION.

MR BRAUND'S ACTION AGAINST ' TWO DIRECTORS.

WELLINGTON, July 13. Sitting in Chambers this morning, llio Chief Justice Jtad before hi in an application on tho part of ihe defendants for a. change of venue from Wellington to Duncdin in the case arising out of tho Colonial Bank liquidation, brought by Victor Braund against tli-n Hon. G. M'Lcan and P. C. Neill for £475 damages a«d interest thereon from tho date of the liquidation.—Mr Myers appeared for JJr Xeill, and Mr Gilford for Mr "Mr Braund appeared on his own behalf. Mr Myers said ho was authorised to cay that it the change of venue was granted, the application issued on behalf of Mi Neill for the retention of the bank's books would be proceeded witli. H:s Honor said, that b»ing so. lie thought Mr Braund should accent the proposal for the change of venue. If von can get the books by conrontinp; to the changing of venue surely it is worth while. Mr Brawl said there wiis no guarantee that the application for the preservation of ihe books would lie granted. His Honor said he would order a change of vnnua, but if tho books were not. secured ;>'!r Braund could come before him a train. The law was this: Where a person sued a man from on" district to another, the court might consider the convenience of hearing. Tn this esse it was proved that all the Ir.nks \yere in Ota™, and the publication of the balance sheet complained of was in Otngo. After other argument, Mr Braund urged that tho question of a fair and impartial trial must lie considered. His Honor said that. looking at Ihe fact llmt there a.ro 50 snocial jurors in Dunedin, end only 13 of them were shareholders in the bank, he did not- see how he could obicct to that. Mr Braund referred to the fact that refections had been mad" upon him in a newsnsnor published in Dimec'in. His Honor: Who ever remembers what is written in a nowsnapor article? Are you not a* likely to have as fair a trisl in Dun«din as anywhere <•!?<>.? Mr Braund: No. your Honor. I say I haven't a ohance thee. His Honor: I ::no\y iluned'n better than veil, and I say you would have as fair a trial there as at any yilc r<s in the world. His Honor went on to say that he would •usnend the order for ihe change of venue until the application for the retention of tho books bad been decided. Tf the books wee kont the venuo would tie changed t'l Tlunedin. Mr Braund said in that case he should 'irobablv not go on v.-ith I,lie action. His Honor: Tbst has nofViinc to do with m<i I shall do what T consider mv duty. 1 Ton have no viclit to make rnc.li a statement. I am not ?oin» to have all the laws of the country set aside merely Keen use a person to aop"ar himself and not emnlov a so'ieilor. A person who aoncarsi for himself must conform to the law of the country, and the law is that the venue is to he changed if the witnesses and Mie proofs are in a certain district, and the only cronnd against that would lie that there could not be a fair Ha' because of the bias of the iurv. That has not he"n shown, in my opinion. T have decided this case purely on the around that the mass of evidence is in Puncdin. and that is whore t.he ea'o ouiht to be heard. If yon cannot get the books. I will reconsider the mnth>r. because, in that event, tho'case can be heard hero.