AIR PILOT’S CLAIM

Timaru Herald, Volume CLIII, Issue 22476, 11 January 1943, Page 2

AIR PILOT’S CLAIM

Plea Of Hardship Interest Payment On Estate SYDNEY, Dec. 23. Squadron Leader Clive Robertson ("Killer”) Caldwell, Australian ace fighter pilot, failed in an application to the New South Wales District Court for a reduction or suspension of interest on mortgages due to the E.S. and A. Bank. Caldwell is credited with having shot down 20 enemy planes in the Middle East. He is now attached to a home station. Caldwell claimed that by his enlistment his income had been more than halved, and he asked that the bank should bear some part of this burden. Inheritance in 1938 In evidence, he said that in 1128 he inherited his father's two suburban properties, valued at £2BOO, and the amount owing to the bank by mortgage was £lB7O. He added that immediately before he enlisted in May, 1940 he was earning about £l4 a week as an insurance broker. From May, 1940, to July, 1941, his Air Force pay was not more than 6/- a day. From September, 1942, to the present date he had received 30/- a day. To Mr H. A. Henry (for the E.S. and A. Bank), Caldwell admitted that he received about £6 a week rent from his father’s property, out of which his attorneys were paying £8 a month to the bank to meet the interest Mr Henry submitted that Caldwell had failed to make out a case for relief. “His wife is the daughter of a man in comfortable circumstances ”Mr Henry added. (She is the daughter of Mr George Main, chairman of the A.J.C.). Judge Clancy said he could not see how the applicant, who is getting £6 a week rent, would find it unduly onerous to pay £2 a week for interest The question was not whether Caidwell had suffered a serious diminution of income as a result of his enlistment. This test was whether the performance of his contract had become inequitable. Judge Clancy said the application was misconceived and should be dismissed. Application to Attorney-General Caldwell’s solicitors later announced that they would apply to the Federal Attorney-General (Dr. H. V. Evatt) to authorise a national security regulation which would enable Caldwell to get the relief he sought. “This case is a matter of great public importance,” the solicitors stated. "Caldwell made a heavy financial sacrifice by enlisting, and his income now is much less than when he was a civilian. He has served with great distinction, and has shot down at least 20 enemy planes. We unsuccessfully applied to the court that for the duration of the war the bank should not charge interest on any of his overdraft mortagaes. We suggested that the bank should do this in recognition of his great services to his country. The effect of the judge’s decision is that, even though Caldwell, as sole beneficiary of- his late father’s estate, has sustained substantial loss by reason of his services to his country, yet, as the estate itself has suffered no loss, no relief can be granted to him."