Steps in Litigation

Curious Case in Port Moresby

Prom Our Own Correspondent

Port Moresby, May 5.

THE well-known boat-builder of Napa Napa, Port Moresby, Mr. G. A.

Stewart, has been engaged recently on a series of litigation.

On March 15, a Mr. Thurlow pro ceeded against Mr. Stewart in the Small Debts Court, claiming wrongful dis missal, and he secured judgment for £92.

Subsequently, a notice of appeal was lodged with the Registrar of the Small Debts Court, together with the full amount of the judgment, £92; but, as a result of an error, notice of appeal was not lodged also with Mr. Thurlow’s soli citor, Mr. W. Brian Molloy.

On March 28, claiming that payment had not been made and no appeal had been lodged, Mr. Molloy secured a writ of fieri facias, and on April 4 execution was taken, and the vessel “Veimauri”, owned by Mr. Stewart, was seized.

Proceedings were then taken by Mr.

R. D. Bertie, acting on behalf of Mr.

Stewart, and the following day the ves sel was released and an action initiated in the Central Court.

On April 23, Mr. Stewart proceeded against Mr. Thurlow and Mr. Molloy in the Central Court, claiming that the writ of fieri facias was null and void, that the seizure of the vessel was un lawful, and asking for an injunction restraining the defendants from pro ceeding with execution, and for £2OO damages.

On April 29, Mr. Justice Gore delivered judgment in this claim, giving a verdict for the defendants, and fixing costs at 20 guineas, A stay of execution was granted, pending an appeal to the High Court of Australia.

On May 1, in the Court of Petty Ses sions, Mr. Bertie, on behalf of Mr.

Stewart, applied for stay of execution of the writ, and explained that this was being done so that the monev alreadv deposited in the Small Debts should remain there until the appeal was decided. The Magistrate (Mr. W.

R. Humphries) refused the application, on the ground that his Court had no jurisdiction.

and understanding! To the small ani mal, it is tragedy, bitterness, and despair.

Copra prices were fixed by the Brit ish and French Governments, at practic ally pre-war values, notwithstanding the jump in freight and taxes of all kinds.

The costs of production are very much above pre-war costs. Fortunately for cocoa growers, they are in better state, and can get something of the world’s increased values.

I am, etc.,

One Of The Herd.

New Hebrides. 28/4/1940.

Mr. and Mrs. Hal. Evans, of Madang, New Guinea, received many congratula tions in April on the birth of a daughter —Patricia Anne.