The Archive · 1923

Hammond Objects to Referees

Claim Against Him for Tls. 1,460 as Result of Decision of Full Court His Honour Judge Sir Skinner Turner and his' Honour Judge Grain at H. M. Supreme Court on Saturday heard a motion for judgment in the case of T. V. Soong Hammond. Plaintiff through his counsel, Mr. A, Ting, asked for Tls. 1,460, damages assessed by Mr. R. B. Moorhead and Mr. P. Tilley (referee) and costs. Proceedings (which we.e in res* pect of a dispute over a lease) terminated so far as the Court was concerned on January 6, 1922, when the Full Court allowed Mr. Hammond's appeal, revising the original judgment, and thereafter: the referees were appointed. In the course, of the litigation Mr. Hammond brought an action against one of the parties, Mr. Wellman, Mr. Hammond, who appeared in person, opposed the motion and throughout the proceedings was frequently asked by the Chief Judge to be more definite. Finally he said that defendant had come ato Court to get legal advice, which in future his Lordship would decline to give. Mr. P. W. Goldring appeared for Mr. Wellman.

On the motion having been made, Mr, Hammond was asked if he had any objections, to which he replied that he had many. He objected ta the procedure adopted by the re-forees.

His Lordship then asked defendant how he could suggest, in view of the fact that the Court had referred the matters in question to referees, that he had any grounds for going behind that decision. Why had he not made a motion to set it aside? The Court had ordered the arbitration, and it was not for defendant to agree to it at all.

Mr. Hammond still objected, and his Lordship remarked, "Really, Mr. Hammond, this is a scandalous piece of litigation. Judgment was given for these other damages to be awarded as long ago! as January 5, 1922."?

Mr. Hammond—I quite agree with your Lordship, but I will ask your Lordship Seriously to consider—The Chief Judge—When the Court has formally referred certain matters to referees, and when these referees have given their decision in writing, what grounds have you fdr going behind it?

Defendant—I submit it has been an irregular action.

The Chief Judge—Well, is it not for you to make a motion to set it aside?

Defendant—Yes.

The Chief Judge—Why haven't'~ you done so? 4 Defendant replied that it was not until the 9th instant that he knew what it was all about. He admitted that it was "up to him"

Text read from the printed page and cleaned; old type leaves the occasional error.

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