BANKRUPTCY NOTICE

Star (Christchurch), Volume XLIV, Issue 600, 2 November 1932, Page 7

BANKRUPTCY NOTICE

H. H. Cook Applies to Stay Proceedings. OBSTRUCTION ALLEGED. Application to set aside a bankruptcy notice was made in the Supreme Court this morning by Herbert Henry Cook (Mr Stacey) before his Honor Mr Justice Ostler. Opposition to the application was lodged by Duncan, Cotterill and Co. (Mr M. J. Gresson). Mr Gresson explained that Duncan, Cotterill and Co. had sued Cook and were his judgment creditors for £l4O 0s 9d. The judgment debtor pleaded that he had a claim against Duncan, Cotterill and Co. for £165 16s 7d. “ If the judgment debtor has a claim he should have a chance to litigate that claim,” said his Honor.

44 He’s had four chances,” replied Mr Gresson. 44 He issued a writ on January 21 in which he claimed negligence upon the part of Duncan, Cotterill and Co. He could have had the hearing at' the February session. On Mav 16, Duncan, Cotterill and Co. got judgment against Cook by consent. Though Cook has an office only 200 yards from the Square, it was impossible to serve papers on him, and at the last moment application had to be made to the Supreme Court for substituted service. There is overwhelming evidence that this claim is not bona fide.”

His Honor: Why did your clients not ask for a fixture for the hearing? Mr Gresson: They hardly wanted to have the claim before Court, groundless though it might be. No solicitor likes claims brought against him for negligence, however groundless. In a previous claim in the lower Court, Mr Gresson continued, Cook, the plaintiff, apparently fearing that the reserved judgment would go against him, consented to a non-suit, and brought the action again in the Supreme Court. The claim Cook had at present was that counsel had not put him in the box when conducting a case on his behalf. It obviously could not succeed. 44 1 am pressing this matter more than I usually do,” counsel continued, 44 because I am sure it is merely obstruction.”

Mr Stacey said that Cook had made attempts to have the matter finalised. He could not pay tlffe amount into Court pending an adjournment. Judgment was reserved till Friday at 5 p.m.