AN ORDER REFUSED.

Hauraki Plains Gazette, Volume XXXVI, Issue 4910, 2 December 1925, Page 2

AN ORDER REFUSED.

REHEARING OF JUDGMENT. AN UNSATISFACTORY DEBTOR. The hearing of the judgment sum- ; mons Messrs W. Fleming and Son, merchants, Paeroa, versus G. F. Bara- ; kat, agent, Auckland and Paeroa, for £22 6s, wae advanced a further stage at the Paeroa Magistrate's, Court be-' fore Mr J. H. Salmon, S.M., yesterday. I,t appears that an .order w'ps made against the judgment debtor in his absence on September 7 for the amount claimed. Barak.at then applied for a rehearing of the case, which was granted, and. he appeared . at Paeroa yesterday .to give evidence >as to hits inability to pay the amount due.. ■ Mr C. N. O’NeilL appeared for the ’ judgment creditors, and Mr A. R. Gorrie, instructed by Messrs ’ Wyatt . and Cox, Auckland, appeared for Barakat. In the course of his examination by Mr O’Neill Barakat stated that her was living in Auckland and working on a commission basis for the Pacific Motors, Ltd. His earnings had averaged £l5 a month since April:, last. He had a wife and five children to maintain in Paeroa, and £1 a--week rent to pay, also £1 10s a week for his own board in Auckland. . He owned no property, and had no other means of revenue. His, eldest son was earning 25s a week, which he * gave to his mother. It had not been . possible to pay the account in question. Defendant denied .that he drank or otherwise squandered his money.If he had tlhe means he would be willing to pay his debts; He’denied that , he spent three-fifths of his time; in Paeroa. He was required to travel all over the province. The order , given on the Pacific Motors Co. had < not been honoured because he had ho - moijey due to him in September. He stoutly denied that he .had ever owned a car, or that .the commission al- ; lowed him on .the sale of a car was £3O. The house in which his family lived belonged to his brother. He did not know how much he had paid for rent. > His Worship interjected and told defendant that he was to answer the questions respectfully, and pot adopt the attitude he was, doing. To His Worship the defendant said he wpa boarding with a Mrs Clark, Liverpool’ Street, t Auckland, and .he ’ owed her about a week’s board. Under pressure defendant admitted that he had two sons working. He denied ever'paying 20 guineas for a * fur coat. His wife owned four warm, coats. , . . ■ ' Mr O’Neill, appealed to ,the Magistrate that the answers of. Barakat were unsatisfatedry. , ■ ' The Bench directed Mr O’Neill to proceed with his examination. If > necessary action could be taken to test the truth of the statements later; Mr O’Neill submitted .that in view of defendant having agreed to the order being made, and not fulfilling his obligations, and also in view of the fact ■ that his answers had been quite unsatisfactory, the order should be enforced. ' On the showing of defendant ample opportunity had been given him to pay something off .the account. ■ Worship said that on the face of it the‘debtor had not the money to pay. His evidence was very unsatisfactory, but if Mr O’Neill could pin Barakat to his statements and Later disprove .them, an order could then be made. No order would be made on the present application.