Court Finds That Broadsiding Meetings Create A Nuisance

Wanganui Chronicle, 27 July 1949, Page 2

Court Finds That Broadsiding Meetings Create A Nuisance

AUCKLAND, Last Night (PA).— An injunction to restrain John Sidney Cormack, promoter, from operating broadsiding meetings at Sarawal Park, Newmarket, so as to cause a nuisance, was granted by Mr. Justice Callan In a reserved judgment in the Supreme Court today to Thomas Bloodworth, M.L.C. Plaintiff was granted £2O damages.

"Serious and not merely trifling interference with the comfort of his home, according to the standards which the law protects, has been established by plaintiff,” said His Honour. "It was urged against such a conclusion that defendant's entertainments were only once weekly during some five months of the year, but to be annoyed once a week for nearly half a year in the manner in which plaintiff was annoyed last summer, was a serious and not a trifling matter.”

His Honour added that the annoyance was increased by some uncertainty as to the evening on which it would occur. A large number of residents gave evidence for plaintiff and they varied in value. .Putting some ot them aside, there remained an impressive body of testimony. His Honour said the granting of an injunction did not mean that Aucklanders might not have motor-cycle racing. It was for defendant to discover whether he could, by any modifications, continue to entertain his patrons at the park while ceasing to annoy plaintiff. If he found he could not, there were surely other places where this sport could be pursued where no nuisance would be caused, or no exception taken.