INJUNCTION SOUGHT

Otago Daily Times, Issue 26214, 26 July 1946, Page 5

INJUNCTION SOUGHT

ANGLICAN ADHERENTS ACTION AGAINST BISHOP (Rec. 0.5 a.m.) SYDNEY, July 25. Legal action has been taken in the name of the Solicitor-general on the information of certain adherents of the Church of England who have complained that in the cathedral and other churches of the diocese of Bathurst religious services were being conducted in a manner and form not prescribed by the Book of Common Prayer. An injunction restraining Bishop Wylde of Bathurst from using such ritual was claimed in the State Full Court to-day on the ground that the use of it constituted a breach of a charitable trust. Mr Justice Nicholas said that whatever its legal results such lifigation would inflict grave injury on the Church of England in Australia. The bishop denied that rigid conformity to the Book of Common Prayer was obligatory and while admitting the possibility of deviations he denied falsity of doctrine or a breach of trust. The judge said it was undesirable to call upon the civil court to adjudicate on church ritual, but that nevertheless the court had jurisdiction to deal with the matter, which should not be brought to an end by technicality. He accordingly allowed correction of technicalities and the case is proceeding.