MR. NODINE AGAIN.

Dominion, Volume 3, Issue 894, 13 August 1910, Page 3

MR. NODINE AGAIN.

LOOKING FORWARD. TO PRODUCE "MORAL EFFECT." The Nndino litigation came up again in the Supremo Court yesterday, boforo the Chief Justice (Sir Robert ■ Stout) in Chambers. Mr. Charles Nodino • gave notieo last Tuesday of appeal against the judgment 'of the Chief Justice ordering him to pay £77 13s. 6d., costs, and to execute a lease of ceratin business premises on Lambton Quay, owned by James Alexander Hamiah. Mr. Justico Cooper, when the matter was bcforo him last Tuesday, told Mr. Nodine that his proper course was to follow up his notice of appeal by taking out a summons to stay prooeedings. Mr. Nodino did so, and the summons came on yesterday. Tho other side had issued a summons to Nodino to sign tho lease of tho premises, and this matter had been adjourned until yesterday. Allusions wero also made during yesterday's proceedings before the Chief Juatico to the trial of Mr. Nodine (set down for next week's criminal sittings) on a charge of perjury, arising otit of the case in which the original judgment for costs aud specific performance was given. ■ . Mr. Nodino again appeared on liis own behalf, and Mr. A. Fair (of Messrs. Chapman, Skerrott, and Wylie) for Hannah.

His Honour asked Mr: Fair if he consented to the stay of proceedings.

Mr. Fair said ho was prepared to ■consent on condition that Nodine found security for the rent up to the time 'of tho appeal. . . His Honour said lie was not sure that he could allow that condition because Hannah was not entitled to recover the rent on the judgment that had been given, and .against ■ which Hannah was appealing. Mr. Nodine: I should like the case to be hold over because there is tho other case. "■ .

His Honour: It would be better for you, Mr. Nodine, if this summons were disposed of now. ■ . ■ Mr. Nodino: I appreciate all you have done, jour Honour, but you see 1 have this- other case ou next week. It is a very important thing for me. His Honour: No doubt Mr. Nodine: And ■ all those things interfere with mo. - - , _ His Honour :• But I will settle this summons, and that-.leaves' the ' whole proceedings over.' i ' .Mr. Nodine: I don't want to give offonco. at all, but next week the document on which tlie whiole thing' is based will be put through a very severe test-; —■ . i His Honour: I don't seo that that affects it at all. Mr. Nodine:. No, your Honour; but it is going to bo put under a severe test, and I 'think your Honour will admit, later, on that a mistake. has been made. . " ' ■ ■His Honour: I don't, know about that. AVhat do you want it p_ut oft for? What do- you say, Mr. Fair? ■ Will you wait a fortnight?. Mr. Fair said: that! would increase the inconvenience still more. : Mr. Nodiuo: If the Grand Jury happens to. throw out that bill, I shall be in a . very bad' way, because I shall not bo in a position to show what I believe about that document. His Honour: Whatever the Grand Jury or petty jury do is of no moment whatever in this action. ■ ■ : . Air. Nodine: I think tho thing should be held over, because the real appeal will be on next week in tho case in' ■which I have. to. stand'., my, trial' for perjury. '' ' '' '""'.. ■■ ■ ; •His Honour: I don't ■ think so. ,- His Honour then adjourned the iJnaltor until tho -afternoon*, and on resuming asked Mr. Pair; if he had anything to quote in support of the course that he had asked should be followed. Mr.. Fair said, he relied, on the general rule with regard to stay.of execution, : namely,- that stay was only granted whore the appeal would bo likely to bo fruitless if : it. were, not granted. He quoted a case from the English Court of. Appeal which, he submitted, applied exactly to the point. He was prepared to agreo to an order being mado for payment into court or for security. This could not. prejudice Mr.. Nodine if he was a sutistantial man, and if he was not theycortainly ought to have if. Mr. Nodine pointed out that tho case quoted was concerned with rent in arrear, whereas there was no rent in arrear in ffio present case. ■ His Honour said the case quoted wasa case for specific performance; ' -.. Mr. Nodine: They have had the premises all the time. •

His Honour: The. Court 'has held, that.you aro the equitable owner, for a terra. . . . . : -

Mr.. Nodino: But I have always contended that there was no agreement. His Honour: I know that, but—don't you see?—tho judgment of-the Court is against you; and you have an equitable right at present. That is'tho position. •"■ •'■" i , ■ : .

Mr. Nodine: They .will have to ; sue to get any rent, and, of course, I shall dispute that. I. don't think thai is a matter that ought to bo dealt with in Chambers. ' . ; . „■

His'Honour::You can't say ■that. This ia-your own summons, and .that is a matter of tho v rules of the' Court.

' Mr. Nodine: I am only asking for a stay of proceedings. ■' :..:.<■-. His Honour: Yes; and that is all wo are considering now. "..'.... Mr. Nodine: Thorb . .are special grounds for-my appeal. The appeal is really on next week. ■ : •

.His Honour: No, it is-not. -You'misunderstand the position, ."'The decision in the criminal case can have- no'effect on this. ■ :■■■.• ■'.'■.•■

Mr. Nodine: I inay ask the jury ■ to' bring in a'special, verdict. ■■'.■'.■ • • .His Honour: That will havo iio more effect than if you spoko to . people at the corner of tho. streets. ' . ; ,

■ Mr. Nodine: There will be a-moral effect. Tliero will bo. things aßduced in the evidence that will give me very strong grounds of appeal—at least I hope. so. I am) laying mysolf out for that., , . \" . ' His Honour: I expect you will find that that r is a thiug tlrat cannot arise on the criminal proceedings. It is probably ,a ma.tter for tho Court of Appeal. ' -

Mr. Nodine: The other side are. very ■anxious to fix this thing up. . • His Honour: They want you to give security. That is all. Will you bo prepared to discuss the matter-after next .week ?

■'■ Mr. Nodine: Yes. ' > -His Honour, said lie would look into tho contentions put- by Mr. Fair, and would perhaps consult one- of tlic other judges about it. It was simply a question of practice.

Jfr. '.Fair: The right to. have tlio lease signed is .worth about £400 to' us. We only ask for security. Wo don't oppose stay of execution. ■