"DEFIED THE COURT."

Auckland Star, Volume LIX, Issue 224, 21 September 1928, Page 8

"DEFIED THE COURT."

DEFENDANT IN CIVIL CASE.

ALEXANDER HENRY MARTIN.

CENSURED BY THE JUDGE

' Wliv did you not ask for an order for committal and have this man sent to gaol?" asked Mr. Justice Heed in the Supreme Court this morning of Mr. Thomson, counsel for George William Gustafsson, builder, who was asking for an order to strike out the defence in an action against Alexander Henrv Martin (Mr. Mackay) and for judgment for £314 and interest, money owin«bv defendant to plaintiff over various building contracts since 1925. "The man has treated the whole thing with contempt, according to the affidavits," said his Honor. "If an order of c<ynmittal had been asked for I would have had no hesitation in making it." Mr. Thomscm stated that an order for the discovery of documents had been served on Martin on August 4 last, and as yet the defendant had failed to file his affidavit of documents as required. Counsel had repeatedly asked for the affidavit, but it had not been forthcoming. Mr. Mackay admitted that there had been delay on the part of Martin. He had difficulty in getting certain cheques from various banks. Counsel had done everything in his power to procure Martin's compliance with the order for discovery. He had this morning received a letter from the defendant stating he was confined to his home at Papaknra. with influenza. Counsel asked for an extension of time. His Honor said that he fully understood that Mr. Mackay was * not to blame. Martin had promised time after time to file the affidavit, but had merely treated the whole proceedings with contempt. -"When a man deliberately defies an order of the Court as this man has done it is very much better to move for an order of committal and then he can-be punished," the judge said. If the defendant does not file his affidavit by noon on Wednesday his Honor directed that the defence is to be struck out and the plaintiff to have leave to enter judgment for £277.