WRIT AGAINST S.M.

Sun (Auckland), Volume III, Issue 791, 11 October 1929, Page 11

WRIT AGAINST S.M.

WHANGAREI MAGISTRATE INVOLVED ORDER FOR MAINTENANCE A writ of mandamus against Mr. G. N. Morris, S.M., of Whangarei, to compel him to hear a complaint for cancellation of a maintenance order under the Destitute Persons Act, was soubht by Stanley Walter Bean Wilson, a labourer, of Whangaruru, in the Supreme Court today. order for maintenance at the rate of £1 weekly was made against Wilson in favour of his divorced wife, in the Supreme Court at Wellington on October 3 last year. On September 11 last, Wilson applied in the Whangarei Magistrate’s Court for cancellation of the arrears of maintenance and variation of the order. After hearing argument, however, Mr. Morris, S.M., declined to adjudicate on the matter as he lacked jurisdiction.

When the case was mentioned this mornlngt Mr. Hubble stated he liaa first been instructed from Wellington to appear for Mrs. Wilson, whom he claimed was entitled to be heard on the present motion.

Counsel for the petitioner submitted that the present application would not deal with the facts, and could not in any way affect Mrs. Wilson. The application for cancellation of maintenance arrears and variation order was the only matter which would interest her, and this would be decided in the Magistrate’s Court if the mandamus application was granted by the Supreme Court. Mr. Justice Smith, however, ruled that Mrs. Wilson’s interests might be prejudiced on the hearing of this application, and granted an adjournment to Mr. Hubble until the afternoon. to permit of preparation of submissions on her behalf. (Proceeding.)