WITHOUT MERIT

Timaru Herald, Volume CXLII, Issue 20512, 2 September 1936, Page 6

WITHOUT MERIT

APPLICATION REFUSED Telegraph Pi ess Association PALMERSTON N., September 1 Brought under the Imprisonment for Debt Limitation Act, 1914, an unusual case was heard before Mr Justice Blair in the Supreme Court. Thomas Angus Wrigley, radio dealer, Levin, made application for an order granting the rehearing of a judgment summons issued by Spedding Ltd., Auckland, on which a committal order was made by Mr F. K. Hunt, S.M. at Auckland on May 18 last. The ground of the application was that the order was made during the absence of the judgment debtor owing to illness and that he was unable to submit himself at Auckland for examination regarding his financial position. Counsel for applicant submitted that the judgment debtor’s absence when the case was heard was excusable as a medical certificate would show that he was suffering from an internal complaint which it was considered would be aggravated by the long journey. His Honour commented that if Magistrates took notice of plain medical certificates they would never get a judgment summons heard. No evidence had been put forward to show exactly what the debto- was suffering from. Counsel said the debtor wanted the case heard at Palmerston North or Levin. Counsel for the judgment creditor submitted that there was no merit in the application. His Honour held that the application for a rehearing could just as well have been made to the Magistrate. He said that this course would not prejudice the debtors’ application to the Magistrate.