JAMES A. MOLLISON

Poverty Bay Herald, Volume LXIII, Issue 19138, 6 October 1936, Page 9

JAMES A. MOLLISON

CLAIM IN COURT INSTRUMENTS EOR FLIGHT SYDNEY, Sept. 23. •Tames A. Mollison, the aviator, was tho defendant in an action, the hearing of which was begun in the- Supreme Court yesterday, before Mr. Justice Stephen and a jury. The plaintiffs are Proud s, Limited, who are seeking to recover £ICO from Mollison on an alleged agreement relating to a Hunsun compass, a Pioneer compass, a,bank and turn indicator arid:two Venutn tubes. ■ ■ When the matter was before"the court a fortnight ago, His Honour, on an application by Mr. 1.-loyd, for the defendant, granted an adjournment, to enable coun.:el to get into touch with Mollison, to receive instructions. Mr. Lloyd, when the ease was called on yesterday afternoon, asked .fbr a further adjournment until the next sittings of the court. It was only fair to the defendant. he said, that "this • 'should be granted. If the hearing went ori in his Thent s absente. a gross injustice would be done to him. Five years had been allowed to elapse, and now the plaintiffs took action in Mollison’s absence. His Honour: Your difficulty is due, to tlve inaction of your client. 1 am prepared to grant the adjournment on your finding security for £SO costs. Mr. Lloyd declined to be bound by a security, and the -hearing was then proceeded -with. ■ • - 1 Mr. Vincent, outlining the plaintiff 9 ease,"said Unit, in .1931, Mollison, who nroposed making an attempt- to break the -record to England and back to Australia, interviewed the manager of Proud’s, Limited, for the loan of certain instruments needed on the flight. The plaintiffs agreed to lend these on condition that Mollison returned the instruments in good order and condition within a reasonable time. In Jiily, 1931, Mollison flew to England, breaking the record, but did not return to Australia until February, 1936. After his "arrival on March 9, a demand was made on Mollison for the return of- the instruments. The writ in the case was issued before the- left again for England in April. ■ Mr. Vincent said Mollison could have had his evidence taken on commission before lie left, or since he left. Steps to do this had not- been taken. ■ , I The defence filed on behalf of Mollison denied plaintiff’s allegations, and contained a plea that he did not promise as alleged. The jury found for the, plaintiffs for £BS IDs. '