STAY OF PROCEEDINGS.

Star (Christchurch), Issue 16542, 28 September 1921, Page 2

STAY OF PROCEEDINGS.

(Per Press Association.) AUCKLAND, September 27. Considered judgment was delivered by Air Justice Adams in the application of the Government Life Insurance Commissioner for a stay of proceedings iu an action by Lucy Smallfield, widow cf C. R. Smallfield, stock agent, Hamilton, for £SOOO life insurance. His Honor held that at the time the writ was issued there were points in dispute v hich, under the policy, liad to be referred to arbitration- At both inquests on deceased, defendant sought to establish suicide. The Coroner’s verdict was similar, in both cases, of death from heart failure, tho Coroner not finding the cause of that failure, and thus leaving the matter open, subject to presumption of innocence. In regard to the contention for the widow that there were clauses in the Life lusurajice Act wich enabled the matter tc be dealt with in Court, his Honor bad come to the conclusion reluctantly that that Mas not so. “ If,” ..said bis Honor, <f I had been free to deal with the summons, on the footing ol an agreement to refer, I should hare considered it was a. case in which stay should be refused upon the grounds stated by Counsel for the plaintiff. The statute is, however, binding upon both parties, and removes from the jurisdiction of the Court all disputes between the Commissioner and any* person who has contracted for any annuity or payment under the Act, or anyone claiming to be such person’s cxecutox*, administrator or assignee. Proceedings in tho action will therefore bo stayed.”