OMNIBUS SERVICES

Otago Daily Times, Issue 19977, 20 December 1926, Page 12

OMNIBUS SERVICES

THE TAKAPUNA DISPUTE. FURTHER COURT PROCEEDINGS. (Special to Daily Times.) AUCKLAND, December 18. Litigation in connection with the running of the buses at Takapuna reached a further stage of development to-day when an application was made by Alfred H. Smith, on behalf of the United Motor Bus Service of Yellow Buses, to the Supreme Court to prohibit members of the Takapuna Borough Council from acting as the No. 2 licensing authority under the Motor Omnibus Traffic AcL The application, which was heard before Mr Justice Reed, was made on the grounds of bias and pre-judgment in relation to the continuance of the bus services. The statement of claim set out as evidence of bias the proceedings of the defendants from February up to November, stating that a determined effort had been made to secure a monopoly of the traffic which necessarily involved the omnibus service of Alfred H. Smith. Reference was made to a memorial sealed by the defendants and to th Takapuna Tramways Company in Bebruary last, and to the series of circulars sent out by the Borough Council in connection with the tramway poll held on October 22, wherein it was declared that defendants favoured a monopoly. A further statement of claim referred to the fact that the borough solicitor appeared belore the No. 1 Licensing Authority to oppose the plaintiff’s application from his service on the North Shore. , Counsel submitted that the public interest was involved, especially during the holiday season. Ho said it was clearly intended to take traffic away from Devonporl and divert it to Bayswater. His Honor expressed his sympathy with the subject matter of the application, but doubted whether, in view of the right of appeal against the Takapuna Borough Council’s decision, the court ought to grant a writ. He did not finally decide the application, but intimated that he would confer with Mr Justice Stringer and grant facilities for two judges to hear further argument, and give a decision early next week.