SUPREME COURT

Hokitika Guardian, 16 June 1930, Page 5

SUPREME COURT

SITTING AT HOKITIKA

(Before His Honour. Air Justice Adams.)

His Honour took his seat at 10 a.m

A. Naylor (Official Assignee of John Drake, a bankrupt), v. Ball ay Saratv, of Greymouth, draper. Motion to enforce an award ol three arbitrators, dated lg'th March, 1930, awarding the Official Assignee the sum of £531 for oreavii of contract in respect to a ti'U.dinj; in- Boundary Street, Greymo nth.

.a turtlicr motion was heard.at the same time, an application by Bahav Saratv v. A. Naylor (Assignee in bankruptcy, of John Drake) asking to set aside an award of 12th March. IU3O, and a subsidiary award dated 9th April, 1930. Mr McCarthy appeared for the Official Assignee in both cases and Messrs Dark and Murdoch represented Miss Sanity.

I lie evidence of Charles Calvert, of Christchurch, builder, was led by Mr McCarthy.' and the evidence of William James Dennehy, of Greymouth, carpenter, as led by Air Murdoch, after which legal argument ensued on the law points involved. j ; Mr McCarthy contended that the award should he entered up as a judgment of the Supreme Court or in the alternative the award should be remitted 'back to the /arbitrators ibr final completion, in im-ms of the Arbitration Act, 1908,

Mr Murdoch contended that the award made in both instances was ineffectual and strenuously objected to any remission, giving the history of the dispute since 26th October, 1926, in all of which his client had been successful and the costs allowed in all the previous cases had not been paid either by Drake or the Official Assignee. His HonSur in giving judgment held that even on the evidence of Air Calvert, who was called to support the award, it was clearly shown that the document or so-called award was quite informal, and it was impossible for tlie Court to remedy the defects. He also declined to remit the case back to the arbitrators. He allowed costs against the Official Assignee as follows: £ls 15s counsel’s fee on the first motion, and £7 7s counsel’s fee oil the second motion, with the addition of disbursements and witnesses expenses to be settled by the Registrar.

His Honour fixed the hearing of the next case, Fahey Bros. v. Priest and Others, claim for £252, for 2 p.m. Air Alurdoeh for plaintiff. Air Hannan for defendants. (Left Sitting).- -

VARIOUS SENTENCES lAIPOSED

(By Telegraph—Per Press Association.)

HAMILTON, June 16. The following prisoners were sentenced at the Hamilton Supreme Court this morning before Mr Justice Herdman :

August Herman Dember found guilty of dangerously driving a car as to cause the death of Norman Steven Brady was fined £IOO and his driver’s license cancelled for three years.

Rone Fairnmn, guilty of shooting another Maori as to cause grevious hodilv harm, three years reformative. Mb are Matangi, wifii a long list of convictions, two years hard labour for theft of a horse. He was declared, an habitual criminal.

Joseph Powell was fined £SO with, costs £2l for bookmaking at Huntl.v. Walter Butters, a vont of 18 years, reformative treatment for three years indecent assault on a girl aged five years at Morrinsville. For robbery with violence at Huntly Donald Hayward aged 27 years, twelv emont.h hard labour and reformative detention for a further two years. James Walter Barr Brown of Putaruru, a coroner and a Justice of tli” Peace, who pleaded guilty to two charges of indecent assault on boys ; reformative treatment five years.

Robert Edward Young, reformative detention three years, for an unnatural offence at Hamilton.