MOTOR SERVICE

Southland Times, Issue 22378, 18 July 1934, Page 11

MOTOR SERVICE

RENEWAL OF LICENSE. OPPOSITION BEFORE COURT. WRITS ASKED FOR. (Per United Press Association.) Wellington, July 17. An interesting case involving the right to run motor passenger services on the highways was heard before the Chief Justice, Sir Michael Myers, in the > Supreme Court. S.O.S. Motors, Ltd., in liquidation, Wanganui, was granted a renewal of the license on June 8 last by the Cen- ; tral Licensing Authority after a hearing i at New Plymouth on June 6 and 7. ! Newman Brothers, Ltd., Nelson (Mr R. ! E. Harding) and Jenkins Motor Ser-.

vices, Ltd. (Mr C. C. Marsack), Master- . ton, applied at the same time for the license given S.O.S. Motors, but their ; applications were refused and the re- i newal to S.O.S. Motors granted. New- ! man Bros, and Jenkins Services, acting : as separate plaintiffs, are now applying for writs of certiorari and mandamus against J. A. C. Allum as the Central , Licensing Authority. I The general grounds' of the applica- I tions which were heard together were that the Licensing Authority did not give due consideration to the position ; of the Transport Licensing Act and gave i a certain amount of weight to con-1 siderations not mentioned in the Act. i S.O.S. Motors, Ltd., and the deben- 1 ture-holders are represented by Messrs Baldwin and Abraham, of Palmerston

North. Mr P. B. Cooke appeared for . Allum as the Central Authority, but i withdrew by leave of the Court. His Honour at the outset criticized counsel concerned for “throwing docu- , ments at the Court at the last minute.” ; He excepted Mr Cooke and stated that ' in future he would either refuse to | read the affidavits filed late and con- , trary to the rules or adjourn the | hearing. j Mr Cooke asked that the amended | statement of claim filed by Harding in < Newman’s case be amended in the form that it threw no personal allega- ' tion against Allum, and Mr Harding. read a statement withdrawing all per- 1 sonal allegations against Allum and ex-

pressing regret that they had been [ made. He added that it was agreed to ' pay a certain sum for the costs of Allum. Mr Marsack made it clear that Jenkins Motors never had intended to make any personal allegations against him. The Chief Justice (smiling): Then you’ve nothing to apologize for. Mr Cooke then withdrew. Mr Harding said that in June 6 and | 7 the merits of the applications were ( gone into and the present application i arose from certain submissions as to the law applicable made at the hearing, and as to certain mistakes of law. Mr Harding made an application that the notes taken by Allum’s shorthand writer be put in. Upon Mr Baldwin objecting, the Chief Justice declared that he would not have things “thrown at the court” unless he knew how far he could assume they were correct.

Counsel stated that the proceedings in New Plymouth had been marked by ' so much discussion and so many coun- j ter statements that the notes had be- ! come mixed up. j Mr Harding said he admitted that the I notes were not material. ' The Chief Justice: If they are not I material, why put them in? Surely there's enough here that is material. Mr Harding: I beg to point out that the allegations are supported by the affidavits of Mr Baldwin which we only received yesterday. Mr Harding submitted that Allum should be required to re-hear the application. Applications for the same licence should be disposed of in the order in which they were received, except applications for renewal. The Chief Justice: It is quite plain on your own admission that plaintiffs have no moral claim and are seeking to obtain something to which the de-benture-holders of S.O.S. Co., Ltd., are honestly entitled. Mr Harding: As your Honour pleases. The Chief Justice: But it is a fact Mr Harding. You are seeking to take advantage of a technical point. Mr Harding: There are of course other points I shall submit. After further legal argument was heard, the case was adjourned until to-morrow.