SUPREME COURT

Star (Christchurch), Issue 5272, 31 May 1895, Page 3

SUPREME COURT

IN CHAMBEBS. I Fbiday, Mat 31. (Before his Honor Mr Justice Denuiston.) Hia Honor sat in Chambers at 11 a.m. BE MART QUIRK, DECK ABED. I Mr Izard applied for an order for the t payment to certain legatees, i His Honor said that what he was asked ! todo was practically to say whether cer- ' tain legatees claiming were the legatees [ under the will. The matter did not seem • to him to come within the category of those on which the Court could advise the executors in the ordinary courae of admin- ■ iatration. He was asked to give the i executors an indemnity for certain action, bat he felt that the matter was one in which they must act on their own responsibility. His decision might bind absent parties. j After .some discussion with learned counsel the matter was allowed to stand over, his Honor saying that he would conBult other judges on the point. WHITEMAN V. CHRISTCHORCH MEAT COMPANY, LIMITED. On the application of Mr Wilding, a motion for interrogatories herein wbb ordered to stand over sine die. STtTBBOCK V. CROWTHEB. On the application of Mr Kippenberger, a Bummons to strike out the statement of defence herein was ordered to Bttmd over sine die. BE C. BANDBRB, DECEASED. .Mr Paprill moved for an order confirming the Registrar's report herein, allowing certain commission to an executor. Hl9 Honor made the order as prayed. X* E. A. GREBN. Mr Flesber obtained an order for the appointment of a committee in the estate of E. A. Green, a lunatic . FBABEB V. DOMBRAIN AND OTHERS. Mr .Fisher, for defendants, obtained an order for a special jury of twelve; and the hearing of the case wes fixed for 11 a.m. on Tuesday, June 25. be Caroline cooes, deceased. Mr Widdowson obtained an order granting an extension of time for filing administrator's accounts herein. FBOBATIS. His Honor granted probate of the wills of Richard Eye (Mr Izard), John Muirhead i (Mr Bishop) and John King (Mr Fisher). ! Letters of administration were granted J of the estates of William Henry Parker! (Mr Bruges) and Henry Cross (Mr j Bruges). > BAILEY AND ANOTHER V. 81LTIB. Mr iJruges applied for an order referring accounts in this case, an administration i suit, to the Begistrar. i The other side consented, and his Honor ! made the order as prayed. - j BALFOUB V. BABPEB AND ANOTHER. ' Mr Fisher, for plaintiff, applied for an | order for inspection of certain documents. Mr Beswick, for the defendants, appeared to oppose. Mr Fisher said that the application was one for an order for. the defendants to produce certain documents which they had stated they were willing to produce, and to show cause why they should not produce certain other documents, which they > alleged were privileged. They alleged in j their affidavit that these documents had I been merely obtained for the information! of the defendants, to enable their counsel j to prepare the statement of defence. He submitted that this affidavit was insufficient to enable the Court to decide whether they were privileged or not. . . Mr Beawick said that these documents were letters written by the plaintiff to his then solicitors, Harper and Co., and the defendants had obtained possession of them for the purposes of the action. The affidavit did not mean that they had been written for the purposes of the action. Hia Honor said that this simplified the matter. He had read the affidavit, as Mr Fisher had, to mean that they had been written for the action. He asked who had them now. Mr Beawick said that they were in the possession of the defendants. He submitted that some of them were purely evidence which the defendants were not bound to disclose.

Mr Fisher submitted that the documents were not privileged; they had been in existence before the commencement of the action, and were not merely information procured by the defendants* solicitor for the purposes of the case. He cited authorities on the question.

Mr Beswick said that, the documents were merely matter of evidence ; .there waa nothing in them which formed, an answer to the plaintiff's claim ; they were letters containing evidence bearing on the case.

His Honor said that be was satisfied that there was no defence to the application. The order would be granted, with two guineas costs.