INJUNCTION GRANTED

Wairarapa Times-Age, 18 June 1942, Page 4

INJUNCTION GRANTED

COUNTRY CLUB CASE HEARING AT NAPIER CONCLUDED. COMMENT BY JUDGE. (By Telegraph—Press Association.) NAPIER, June 17. An injunction preventing the Hawke’s Bay Country Club from carrying on business in the locality, and also restraining Ronald J. Carswell from carrying on in the capacity of manager of the club, was granted by Mrj Justice Northcroft in the Supreme Napier, today. Mr J. Mason appeared for fendants, and Mr H. W. Dowling for plain® tiffs, Jessie C. Thompson, and Isabella Fahej“ who sought the injunction. The case occupied three days. When the hearing resumed today several nearby residents said they had not been troubled by noise from the club. Qucenie Davies, married woman, a sister of Carswell, stated that she and her sister acted as hostesses at the club. She denied the allegations of plaintiffs, and in answer to Mr Dowling said that though the furniture in the club belonged to her, her brotherpaid insurance on it. Her brother received financial assistance from his brother. She did the work and acted as hostess in order to help her brother, and she was not paid for her services. Her income was approximately £2 a week, which was an allowance from her husband, from whom she had been separated for some years, and who was now in the army. Cross-examined by Mr Dowling, Carswell admitted that he had been told by the police that the noise would have to be reduced. He admitted receiving complaints from the police when his club was at Havelock North. Mr Dowling contended that the chief function of the club was the sale of liquor after hours, and through this it often attracted a type of person who did not know how to behave properly. “I think that plaintiffs are entitled to the injunction they ask for,” said his Honour, giving judgment. “They are property owners who earn their livelihood from letting flats, and they say their business is imperilled or infringed by the noise of people going to and from the club. The Country Club, I suspect, is not truly a club in any sense, but a proprietary business conducted by Carswell. It is the private residence of the Carswells, or alternatively the business premises, in which they entertain casual or promiscuous visitors. Some sort of formality has been gone through as to the right of people to come, but in truth I think that anyone would be permitted to go on payment of the prescribed fee. I have not been able to understand the character of the business. I could understand if it was in the nature of a cabaret, but Carswell says it is not that. It is perfectly clear that a certain amount of drinking goes on, but I am not concerned with the question of whether this liquor is supplied illegally or not. It is the question of noise I have to decide, and in fairness to Carswell it should be said that apparently there was only a slight degree of noise from the house itself, and this shows that the management did its best to prevent patrons from disturbing the neighbourhood.” His Honour said that in all the. circumstances it was the duty of the Court to restrain the business from carrying on in that locality, and he made an order that there should be issued an injunction restraining the club from being carried on at 21A Brewster Street or any other place in that locality, and an injunction against Carswell in. the same way. Costs were allowed plaintiffs on the middle scale, and the injunction is to take effect in a fortnight.