IMPORT APPEAL

Timaru Herald, Volume CXLVI, Issue 21380, 24 June 1939, Page 3

IMPORT APPEAL

HEARING POSTPONED

By Telegraph—Press Association WELLINGTON, June 23,

When the Court of Appeal sat today, the Solicitor-General (Mr H. H. Cornish) asked for leave to refer to the case of Jackson and Co, versus the Collector of Customs. He said he sought leave to set the appeal down so that a fixture might be made for the hearing during the present sittings of the Court. The matter had been referred to on the opening day of the present sitting, and a provisional fixture had been made, without prejudice to the rights of Jackson and Co. The printing of the case was now complete. Security for appeal had been given and the Collector of Customs asked for the fixture at the present sitting. Mr G. G. Watson, for Jackson and Co., said he had been instructed to point out that although judgment had been delivered on May 22 at Auckland no notice of appeal was served on Jackson and Co. until June 9, and then for the sittings commencing on June 12. The Court of Appeal rules were mandatory and required that notice of appeal be given fourteen days before the commencement of any sitting. The Chief Justice (Sir Michael Myers), to Mr Watson: Do you consent to the application or oppose it? Mr Watson: I am instructed to oppose the application on that ground. The Chief Justice, to the SolicitorGeneral: Can you press the case in face of this view? The Solicitor-General: No sir. Technically I think the respondent can raise the point, though it is competent for him to waive it. The Chief Justice then said that no order to set the case down would be made. It would not be heard during the present sittings of the Court. The next sittings of the Court of Appeal commences on September 11, 1939.