SUPREME COURT

Hokitika Guardian, 25 September 1922, Page 1

SUPREME COURT

MONDAY. SEPT 25th. (Before liis Honour, Air Justice Adams). ilis Honor took his seat at 10 a.m. DISPUTED ACCOUNTS. Ralph Mack ley (Mr Park and Air .Murdoch) v. William Robinson (Mr Sargent and Air Pilkington). lbh was a claim for return of two motor cars or £OOO, for damages £4OO and for £2(36 lor goods and services. There was also claims bv T. Robinson and Sons v . R. Macklev and Co. for £llO 8s <1 and £1.02 18s id on dishonoured promissory notes.. Ills Honour said he saw the case was set down for a jury but he, thought that it was not one to he dealt with by a jury. Mr Sargent said that was his opinion, while Air -Murdoch said the case was an involved one of many issues, and ho thought it would bo difficult for a jury to decide. His Honour said the better ease would be to consolidate the three actions anti rotor them to tho Registrar, and any question of law can he referred to the Court and be argued later. Mr Murdoch asked that the two ears affected he released, h c giving an undertaking that Robinson should not be affected thereby. . . His Honor said he did not think there was a right of lion on the ears. Mr Murdoch stated that in the billheads account were amounts totalling £(joo j,iul he would show hank paymcnits of £550. Then later a detailed account was given increasing the amount by £3OO, while credit was not given for one £SO p/n paid. ’in replv to his Honor. Mr Sargent Stated tlie counter-claim on "huh a lieu of two cars was claimed was £•*>• Mr Sargent said unfortunately the case had hen started the wrong side up. , His Honor— Apparently the case was standing on its head now. A lengthy discussion took place as to the course of action. His Honour asked to be supplied by Mr Smgent with what items on which the lien was claimed. Air Sargent repled that one car was held from October 1919.

His Honour said it was very difficult for him to consider how an account running from 1919 to 1921 oould be separated by him Between the two cars What he wanted to find was a foundation for the lien. On tlie showing for payment of £8 3s tho lien on the Unic car could he settled. His Honor said the counter claim incorporated the defence into a separate action. He thought that Robinson had been patient in not using bis lien till IIOW.

Air Murdoch claimed that Robinson had had tho best end of the stick by tne payments he had received and the goods he had obtained. His Honour said the total sum in dispute seemed between £l5O and £2OO, apart from tho promisory notes. If

the case was adjourned now it would not come up again till March next, as there was a question of law to be de cided.

Counsel agreed that £45 approved se-

curity without prejudice, be given the Court in lieu of the lien on the two cars.

His Honour made an order by consent to consolidate tlie three claims and counter claim, and to refer it to the Registrar to take the accounts as between the parties to have power to employ an accountant and to report. The plaintiff (Robinson) to deliver the two cars to Macldey subject to tlie latter finding approved security to the Registrar of £4.5, in lieu of a lien. Costs reserved with liberty, to both parties to apply. Tlie Common jurymen in attendance were then discharged from further attendance. (Left sitting.)