SUPREME COURT—THIS DAY

Auckland Star, Volume XIX, Issue 191, 15 August 1888, Page 8

SUPREME COURT—THIS DAY

in Itoiico.

(Before His Honor Mr Justice Gillies.) Perkin v. Makdee and Worker. —Mr Cooper appeared for the plaintiff and applied for a writ' of injunction. The application was made ex parte. From afnadavits filed and statement of claim as read by Mr Cooper, it appeared that tho plaintiff was the owner of certain land lying near to land of the defendants. The defendants' land was bush land and they had cut down and transported through the property of plaintiff, thereby causing damage and inconvenience to the defendant. Notices as to trespassing had been served, but the trespass continued, therefore the plaintiff applied for the issue of^ a writ of injunction preventing the trespass complained of.—His Honor ordered the writ of injunction to issue, but the application being ex -parte, the defendants could move for the' setting aside of the writ of injunction. Kaihu Valley Railway Company v. James Nimmo.—Mr E. Hesketh appeared for. the plaintiff Company and moved for a writ of injunction to restrain the defendant from continuing the proceedings for compensation that had been lodged against the plaintiff Company under the Public Works Act 1882. The statement of claim alleged that the plaintiff Company, on the 19th day of September 1883, took certain land iri the district of Kaipara in a manner provided by The Railways Construction and Land Act 1881. That at the time of such taking a company called " Tlie New Zealand Fibre Company " was the owner of the land taken and remained as such owner until April, 1885. That on that; date the defendant purchased, the same by , public auction.., That- the defendant on the 23th January, 1888, made a claim for compensation on the plaintiff Company for i' 3,742 17s 6d for such land so taken. That a Compensation Court has been constituted for the purpose of hearing such claim, and that the claim is laid under the authority of the wrong statute.—The statement of, defence alleged that the defendant admitted that the plaintiff entered upon the lands, but they denied that they took tho land, and stated tbat such entry was for the purpose of making a survey of the middle lino of the railway. That he admitted that tho New Zealand Fibre Company was tlie owner ap to April, 1885, of the lands mentioned in the plan and book of reference prepared on the 19th day of September, 1883. That the defendant, on bis purchase, received a clear certificate of title for tho lands. That no caveats had been registered by the plaintiffs until the 2nd day of February, 1887. That the plaintiffs did no : thing towards the construction of the line until 31st January, .1887. That the plain tiffs had not taken the proper remedy.—Mr Hesketh argued that the only one who could claim for compensation under the Acts at present existing was the owner at the time that the land was taken. The defendant in the present' case "' was ; nor tho owner at the time therefore, he could not claim. Tlie question ho submitted would have.to coifte up sooner or later, and the plaintiiFpreterredtohavoitsettled before the compensation hearing came on.—His Honor wasof opinion that this Court hadnpthing to do with the title, to the land.—"Mr Hesketh submitted that. there were, plenty of authorities which maintained that the Compensation Court had nothing to do with the title of the landj but it was acondi-: tion in the Compensation Court that the one appealing for compensation must -be an owner or have an interest in the land. If,this condition did not exist then anyone being a stranger and having no interest in land might claim' for the, Court to make^an award. He wont on to argtie that the serving of notices taking the land, bound the owner at the'time to keep it; both sides we're' bound by it. The Company could not draw back on its side and the owner could not sell on his. He went on■': t» adduce- authorities under the English "Land Owners Consolidation. Act,": showing that the taking of land' by these notices were analogous. (Left sitting.)