IMPASSE CREATED

Waikato Times, Volume 125, Issue 20952, 3 November 1939, Page 6

IMPASSE CREATED

1 COURT PROCEDURE CIRCULAR FROM DEPARTMENT MAGISTRATE’S REFUSAL (By Telegraph.—Press Association) WELLINGTON, Friday The action of the Department of Justice in issuing to court clerks a circular containing instructions -contrary to the decision of a magistrate was criticised by Mr J. H. Luxford, S.M., when applications for leave to issue judgment summonses came before him to-day. He refused to deal with the applications, and while expressing the opinion that the court’s refusal to deal with them would be unfortunate for the solicitors, stated that an impasse had been created. The department had apparently seen fit to attempt to overrule the judgment of the court by giving specific instructions to the Clerk of the Court not to do what the court said was lawful for him to do. The Clerk of the Court was bound to obey the direction of the department, namely, not to accept an application for a judgment summons until leave of the court had been obtained. “However,” said Mr Luxford, “I propose to follow Mr A. M. Goulding’s judgment that such leave is not necessary, and therefore I refuse to deal with such applications.” A point of principle was involved, and he proposed to administer the regulations in accordance with Mr Gould - ing’s judgment, and not in accordance with the department’s circular. Effect of Judgment Mr Goulding in a judgment held that the issue of a judgment summons was not proceeding to execution in enforcing a judgment. However, on a judgment order being obtained, an application to have the debtor imprisoned in pursuance of the order became an execution, and the leave of the court at that stage must be obtained before the warrant of committal could be issued.