John Callan (judge)
Encyclopedia
John Bartholomew Callan (15 August 1882 – 12 February 1951) KC was a New Zealand
judge. He was a Justice of the Supreme Court
(now known as the High Court of New Zealand
) (1935–51).
lawyer. He was born on 15 August 1882, five years after his family's arrival in New Zealand from Australia
. The Callans had migrated from Ireland to Australia with the Gavan Duffy family and Callan was descended from Charles Gavan Duffy
. He was educated at the Christian Brothers School
in Dunedin (where he was Dux in 1897) and commenced his law studies before the Law Faculty of the University of Otago
came into being. His principal instructor was James Garrow, a well-known New Zealand legal scholar. On 10 July 1913, at the North East Valley
Roman Catholic Church, Dunedin, Callan married Margaret Elizabeth, daughter of James Dugald Mowat, a Dunedin stationer, and they had one son.
and LL.B
at the University of Otago, Callan entered his father's office (Callan and Gallaway) and became a partner in the firm when his father was appointed to the New Zealand Legislative Council
in 1907. He was appointed a lecturer in law at Otago University in 1912. During World War I
, Callan served in the New Zealand Expeditionary Force
and became a Captain. On his returned to Dunedin he continued his law practice. He also became Dean of the Faculty of Law at the University of Otago and he resumed his lectures in Torts there. Callan took silk in 1934, and he moved to Wellington.
in 1935 and went to Auckland
as a resident Judge. As a Judge, apart from the normal case load, Justice Callan also undertook Government investigations on the Aliens Tribunal and on the leakage of information (both relevant to World War II
). Callan also contributed on a wider stage. Apart from his ten years as Dean of the Faculty of Law at the University of Otago (1924–34), he was also a member of the Council of Legal Education
.
judges of his era. He was characterised by his interest in detail in his cases. "He observed every facet of a case and frequently made comments that were reported in the press". He was much given to asking questions during a legal argument. "He had also a keen dramatic sense. His favourite leisure occupation seemed to be the recital in detail of matters grave or gay in some case with which he had been concerned either as counsel or Judge." He once observed that practice at the bar encouraged self-expression. But that, as the judges were recruited from the bar, such experts in self-expression were, as judges, put in a place where their greatest virtue was to be able to hold their tongues.
, the Catholic Bishop of Auckland. They had been contemporaries at the Christian Brothers School
in Dunedin and like Liston, Callan had continued a close association with the Christian Brothers
. For example, when in 1939 Liston opened the new Christian Brother's school, St Peter's College, Auckland
, Callan sat on the podium with the bishop, representing the ex-pupils of the brothers. In 1922, (while still practising in Dunedin) Callan provided legal advice to Liston when the latter was charged with treason. When Pope Pius XII
stated that Catholic judges should not play any part in divorce cases, a disturbed Callan indicated that he was prepared to resign but decided, after discussion with Liston, that the Pope's statement did not apply to New Zealand as "divorce could be understood to refer to the civil contract of marriage rather than to the sacrament of matrimony". In spite of this decision, Callan remained a close friend of Liston until his death.
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
judge. He was a Justice of the Supreme Court
High Court of New Zealand
The High Court of New Zealand is a superior court of New Zealand. It was established in 1841 and known as the Supreme Court of New Zealand until 1980....
(now known as the High Court of New Zealand
High Court of New Zealand
The High Court of New Zealand is a superior court of New Zealand. It was established in 1841 and known as the Supreme Court of New Zealand until 1980....
) (1935–51).
Early life
Callan was the son of John Bartholomew Callan, a DunedinDunedin
Dunedin is the second-largest city in the South Island of New Zealand, and the principal city of the Otago Region. It is considered to be one of the four main urban centres of New Zealand for historic, cultural, and geographic reasons. Dunedin was the largest city by territorial land area until...
lawyer. He was born on 15 August 1882, five years after his family's arrival in New Zealand from Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. The Callans had migrated from Ireland to Australia with the Gavan Duffy family and Callan was descended from Charles Gavan Duffy
Charles Gavan Duffy
Additional Reading*, Allen & Unwin, 1973.*John Mitchel, A Cause Too Many, Aidan Hegarty, Camlane Press.*Thomas Davis, The Thinker and Teacher, Arthur Griffith, M.H. Gill & Son 1922....
. He was educated at the Christian Brothers School
Kavanagh College
Kavanagh College is a Catholic Secondary school in Dunedin, New Zealand. The school in its present form dates from 1989 but its origins as a secondary school go back to 1871....
in Dunedin (where he was Dux in 1897) and commenced his law studies before the Law Faculty of the University of Otago
University of Otago
The University of Otago in Dunedin is New Zealand's oldest university with over 22,000 students enrolled during 2010.The university has New Zealand's highest average research quality and in New Zealand is second only to the University of Auckland in the number of A rated academic researchers it...
came into being. His principal instructor was James Garrow, a well-known New Zealand legal scholar. On 10 July 1913, at the North East Valley
North East Valley
North East Valley is a suburb of the New Zealand city of Dunedin.-Geography and demographics:...
Roman Catholic Church, Dunedin, Callan married Margaret Elizabeth, daughter of James Dugald Mowat, a Dunedin stationer, and they had one son.
Lawyer
After graduating BABachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
and LL.B
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
at the University of Otago, Callan entered his father's office (Callan and Gallaway) and became a partner in the firm when his father was appointed to the New Zealand Legislative Council
New Zealand Legislative Council
The Legislative Council of New Zealand was the upper house of the New Zealand Parliament from 1853 until 1951. Unlike the lower house, the New Zealand House of Representatives, the Legislative Council was appointed.-Role:...
in 1907. He was appointed a lecturer in law at Otago University in 1912. During World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, Callan served in the New Zealand Expeditionary Force
New Zealand Expeditionary Force
The New Zealand Expeditionary Force was the title of the military forces sent from New Zealand to fight for Britain during World War I and World War II. Ultimately, the NZEF of World War I was known as the First New Zealand Expeditionary Force...
and became a Captain. On his returned to Dunedin he continued his law practice. He also became Dean of the Faculty of Law at the University of Otago and he resumed his lectures in Torts there. Callan took silk in 1934, and he moved to Wellington.
On the bench
Callan was appointed a Justice in the Supreme CourtHigh Court of New Zealand
The High Court of New Zealand is a superior court of New Zealand. It was established in 1841 and known as the Supreme Court of New Zealand until 1980....
in 1935 and went to Auckland
Auckland
The Auckland metropolitan area , in the North Island of New Zealand, is the largest and most populous urban area in the country with residents, percent of the country's population. Auckland also has the largest Polynesian population of any city in the world...
as a resident Judge. As a Judge, apart from the normal case load, Justice Callan also undertook Government investigations on the Aliens Tribunal and on the leakage of information (both relevant to World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
). Callan also contributed on a wider stage. Apart from his ten years as Dean of the Faculty of Law at the University of Otago (1924–34), he was also a member of the Council of Legal Education
Council of Legal Education
The Council of Legal Education was an English supervisory body established by the four Inns of Court to regulate and improve the legal education of barristers within England and Wales.-History:...
.
Judicial character
Callan was recognised as one of the most kind and eruditeErudition
The word erudition came into Middle English from Latin. A scholar is erudite when instruction and reading followed by digestion and contemplation have effaced all rudeness , that is to say smoothed away all raw, untrained incivility...
judges of his era. He was characterised by his interest in detail in his cases. "He observed every facet of a case and frequently made comments that were reported in the press". He was much given to asking questions during a legal argument. "He had also a keen dramatic sense. His favourite leisure occupation seemed to be the recital in detail of matters grave or gay in some case with which he had been concerned either as counsel or Judge." He once observed that practice at the bar encouraged self-expression. But that, as the judges were recruited from the bar, such experts in self-expression were, as judges, put in a place where their greatest virtue was to be able to hold their tongues.
Catholic layman
Callan was a Catholic and was a leading layman for the New Zealand church. He was a close friend of James Michael ListonJames Michael Liston
James Michael Liston, CMG was the Seventh Catholic Bishop of Auckland.-Early life:James Michael Liston was born in Dunedin on 9 June 1881, one of a family of five children of James Liston, a hotel-keeper, and his wife, Mary . His parents were both born in Ireland. He was educated at Kavanagh...
, the Catholic Bishop of Auckland. They had been contemporaries at the Christian Brothers School
Kavanagh College
Kavanagh College is a Catholic Secondary school in Dunedin, New Zealand. The school in its present form dates from 1989 but its origins as a secondary school go back to 1871....
in Dunedin and like Liston, Callan had continued a close association with the Christian Brothers
Congregation of Christian Brothers in New Zealand
The Congregation of Christian Brothers is a Catholic religious order which has been established in New Zealand since 1876. The order's particular charism is the education of boys and in New Zealand the order has been responsible for eight schools and has launched other educational...
. For example, when in 1939 Liston opened the new Christian Brother's school, St Peter's College, Auckland
St Peter's College, Auckland
St Peter's College is a Catholic college for year 7 to 13 boys . The school, located in Auckland, is one of the largest Catholic schools in New Zealand and is an integrated school under an integration agreement entered into by the Catholic Bishop of Auckland and the Government of New Zealand in...
, Callan sat on the podium with the bishop, representing the ex-pupils of the brothers. In 1922, (while still practising in Dunedin) Callan provided legal advice to Liston when the latter was charged with treason. When Pope Pius XII
Pope Pius XII
The Venerable Pope Pius XII , born Eugenio Maria Giuseppe Giovanni Pacelli , reigned as Pope, head of the Catholic Church and sovereign of Vatican City State, from 2 March 1939 until his death in 1958....
stated that Catholic judges should not play any part in divorce cases, a disturbed Callan indicated that he was prepared to resign but decided, after discussion with Liston, that the Pope's statement did not apply to New Zealand as "divorce could be understood to refer to the civil contract of marriage rather than to the sacrament of matrimony". In spite of this decision, Callan remained a close friend of Liston until his death.