SUPREME COURT, Wellington. In Banco.
■ ♦> Wednesday, January 10th. (Before their Honors the Chief Justice, and Mr Justice Richmond). Amongst other cases was that of Hurray v. Bank of New South Wales. Mr Bell moved for leave to appeal to the Privy Council, under the Order in Council of May, 1860. The case was one removed into the Court of Appeal, and the question has been raised more than once as to whether in such a case the Supreme Court has jurisdiction to grant leave to appeal. In Spence v. Pearson, 3 N. Z. Jurist., N.S. C.A., 59, leave was refused, and in Frank v. Stead, Reeve’s Interim reports, it was granted. Mr Edwards for the plaintiff: The Order in Council of 1860 is obsolete, and not in force, and Spence v. Pearson was rightly decided. If the old order is in force parties need not go to the Court of Appeal at all. If the leave is refused, the defendant is not necessarily without remedy, for the Court can stay proceedings until a petition has been presented to the Privy Council His Honor the Chief Justice: We think that the Order in Council of 1871 was not, nor was it intended to be, a revocation of the order in Council of 1860, and applies to the Supreme Court as at present constituted. We think also that the bank should have leave to appeal on the proper terms. Mr Bell, do you consent to the other questions decided in your favor being raised in this appeal, or must the plaintiff be driven to petit ion? I have said before, I think the bank is in a curious position. As to this 700, it is trying to avail itself of a consent to a seizure of goods not included in its bill of sale given by a man who, having become a bankruat, had then had no right to them. Mr Bell: lam in such a position thatl cannrt consent, even though the Court intimates that it thiuks we should. I have represented to my principals yours Honor’s former remarks. Leave to appeal granted, with stay of execution upon giving the usual securetv.
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Poverty Bay Standard, Volume X, Issue 1247, 15 January 1883, Page 2
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361SUPREME COURT, Wellington. In Banco. Poverty Bay Standard, Volume X, Issue 1247, 15 January 1883, Page 2
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