HEARING POSTPONED

Wairarapa Times-Age, 23 June 1939, Page 6

HEARING POSTPONED

THE IMPORT REGULATIONS APPEAL PLEA OF INSUFFICIENT NOTICE. ADMITTED BY CHIEF JUSTICE. (By Teleeraph—Press Association.) WELLINGTON, This Day. When the Court of Appeal sat today, the Solicitor-General (Mr H. H. Cornish) asked for leave to refer to the case of Jackson and Co versus the Collector of Customs. He said he sought leave to set the appeal clown so that a fixture might be made for the hearing of the appeal during the present sittings of the Court of Appeal. The matter had been referred to on the opening day of the present sitting and a provisional fixture been made, without prejudice to the rights of Jackson and Company. The printing of the case was now completed, security for appeal had been given and the Collector of Customs asked for a fixture at the present sitting. Mr G. G. Watson, for Jackson and Company, said he had been instructed to point out that although judgment had been delivered on May 22, at Auckland, no notice of appeal was served on Jackson and Company until June 9, and then for the sittings commencing on June 12. The Court of Appeal rules were mandatory and required that notice of appeal be given fourteen days before the commencement of any sittings.

The Chief Justice (Sir M. Myers), to Mr Watson: “Do you consent or oppose?” Mr Watson: “I am instructed to oppose the application on that ground.” The Chief Justice, to the SolicitorGeneral: “No, Sir. Technically I think the respondent can raise the point,though it is competent for him to waive it.”

Sir M. Myers then said that no order to set down would be made and that the case would not bo heard during the present sittings of the Court. The next sittings of the Court of Appeal commence on September 11, 1939.