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ABANDONMENT DEPENDS ON INTENTION?

30th May 1947, Page 29
30th May 1947
Page 29
Page 29, 30th May 1947 — ABANDONMENT DEPENDS ON INTENTION?
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Which of the following most accurately describes the problem?

HINGING on the question of whether or not there Was virtual abandonment of a haulage business for a certain period, an appeal against a decision of the Metropolitan Deputy Licensing Authority was dismissed, last week, by the Appeal Tribunal. The case was readmitted for re-bearing. Appellant was Mr. J. J. Cattano, and respondents were the L.M.S. Railway Co. and three.hauliers.

The application had been for a B licence for a vehicle of 21 tons for work in the London area. A short-term permit was in force. The application was refused on the ground that Mr. Cattano was technically a newcomer, not having operated his lorry for a period in 1939.

Mr. J. N. Hutchinson, for the appellant, said that Mr. Cattano had ceased to operate only because he did not renew his Road Fund licence and because there was some difficulty with the insurance. There was some suggestion that the appellant had operated illegally during the period, but he had, in fact, used his mother's lorry and not his own.. For three months out of a period of six years his licence had, so to speak, lapsed, and as it was by chance near the outbreak of war, he was now regarded as a new entrant.

Mr. Gleeson Robinson, C.B., MC., LL.D., chairman of the Tribunal, said that no evidence had been given about Mr. Cattano's mother's lorry. He should have made another application, and not an appeal.

Mr. Norman Letts, for respondents, submitted that the appellant did, in fact, abandon his business. Abandonment was a 'question of fact. Mr. Gleeson Robinson then suggested that abandonment was a question of intention.

Aveling-Barford, Ltd., has decided to extend the present financial period to IS months, ending on September 30 next. In future the company's financial year will close on that date.


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