HOTEL COMMONWEALTH CASE.

Taranaki Daily News, Volume XXIV, Issue 90, 8 April 1902, Page 3

HOTEL COMMONWEALTH CASE.

WRIT OF CERTIORARI GRANTED. THE LICENSE QUASHED. LEAVE TO APPEAL TO THE PRIVY COUNCIL APPLIED FOR. | APPLICATION TO STAY KXEOUTION TO ALLaW OK FRESH APPLICATION IN JUNE NEXT. COURT RFSERVBD ITS DECISION ON THESE POINTS.

PER PRESS ASSOCIATION, Wellington, April 7. In the case of Prethey v. O'Driscoll, in reference to the license granted in respe.t of tha Hotel Commonwealth, New Plymouth, the Oourt unanimously I allowed the appeal from the decision of Mr Justice Conolly, and held that a writ of certiorari should be granted to quash the license. The Court held unanimously that no inference of bias on the part of tbe magistrate could be made from the pecuniary relations between tbe magistrate and tbe persons interested in the granting of the license. The Oourt was, however, of opinion that the terms of the letter written by the magistrate prior to the sittings of the Licensing Com-

mittee, although written bona, fide, gave ground for considering that there would be a real likelihood of bias on his part in favour of an application made in respect of the Hotel Commonwealth. The majority of tbe Court were of opinion that the appellant being merely one of the general public was not entitled to a writ of certiorari, as of right, and that the Court had, therefore, discretion to grant it or not. The Court held that it ought, in its discretion, to grant the writ, in view of all the circumstances. The appeal was therefore allowed, with costs on the highest scale. Mr Skerrett applied for leave to appeal to the Privy Council, and that the order of the Court of Appeal should lie in the office of the Court pending the appeal. The effect of this would be that the license would stand in the meantime, and that an appliration for a new license could be made if desired at the licencing meeting in June next. After h«aring argument on this point the Court reserved its decision.