The Colonial Bank.

Woodville Examiner, Volume XXII, Issue 3872, 11 May 1906, Page 3

The Colonial Bank.

MR BBAUND’S APPLICATION REFUSED.

Dunedin, May 9

Judges Cooper and Williams have dismissed Mr Braund’a application to have the books of the Colonial Bank retained for some time before they are destroyed. In giving the decision on Mr Brannd’s personal application, Mr Justice Edwards, on behalf of himself and Mr Justice Cooper, concluded :—Thus, even if we had jurisdiction upon the applicant’s motion to disturb the order made by Mr Justice Williams for the destruction of the books and papers of the bank, applicant has not, in our opinion, shown sufficient cause for doing so, inasmuch as be baa failed to show us that the production of the books is nt-cesMtrv for the purposes of the action lie has begun, arid lias failed to satisfactorily account tor the delay in the proceedings. In our opinion therefore, the order in Chambers dismissing applicants motion was rightly made, both upon this ground and upon the ground that applicant has no status to in- , lerveue. We therefore dismiss the j motion, with seven guineas costs. Mrßrauud then asked the Court to postpone the destruction of t he books pending his application to the Court of Appeal. Mr Justice Edwards replied that the Court bad no power to make such an order on Mr Braund’s application, but suggested it might be made on the liquidators’ application. Mr Fraser, advisor to the liquidators, said lie would consider this aud accept the Courts permission to Bay next morning whether or not he would apply. May 10.

Mr Fraser, appearing for the liquidators and acting on a suggestion by Judge Edwards, this morning formally moved that the destruction of the Colonial Bank books be postponed till after the sitting ot the Appeal Court. The Court made an order accordingly, Mr Braund to give security for £75 costs.