NO HEARING FEE.

Star (Christchurch), Volume LXVI, Issue 20539, 14 February 1935, Page 11

NO HEARING FEE.

Defendant Lends Money to | Plaintiff. | CASE THEN PROCEEDS. An unusual position arose during the hearing of a case in the Magistrate’s Court this morning, when, after the hearing had been in progress some five minutes, the Magistrate (Mr E. D. Mosley, S.M.) declared that he would not proceed an} 1 - further until the hearing fee, 10s, had been paid. The plaintiff, J. H. Tapp, a relief worker, was unable to pay the fee, and the defendant, F. W. Gresham, dentist, of Christchurch (Mr Hill) volunteered to lend the money. On this arrangement the case proceeded. The statement of claim was as follows:—‘‘l, J. H. Tapp, claim from F. W. Gresham the sum of £5 10s, being moneys owing and arranged by F. W. Gresham and myself. Gresham wrongfully, fraudulently, misrepresentedly took possession of a truck, therefore causing action to be taken by me to recover same, the said £5 10s.” “ I did not know I had to pay a hearing fee of 10s. It took me all my time to find the 10s to issue the summons,” said the plaintiff. “It was very foolish on your part altogether.” said the Magistrate. “ I want to cross-examine the defendant, as that is the strong point of my case,” said plaintiff. “ That may be so. Your statement is fairly weak at present, if I may say so.” said the Magistrate. On the Magistrate saying that the case would have to be struck out unless the hearing fee were paid, Mr Gresham said he would rather lend Tapp the 10s. “ I am here to do all I can for him,” he added. If you had made arrangements you would not have had to pay,” retorted the plaintiff. Judgment was entered for the defendant, without costs.