THE APPEAL COURT.

Auckland Star, Volume XXXVII, Issue 80, 3 April 1906, Page 2

THE APPEAL COURT.

(By Telegraph.—Press Association. , )

WELLINGTON, this day

In the Court of Appeal this morning the case of the Bank of Xew Zealand and John Ewing v. the Scandinavian Water-race Co. was argued. This is a case arising out of the same matter heard some two years ago. The ' case now assumes the form of a motion by the Bank of New Zealand, which is the niortagagee (but was not a party in the original proceedings to the Court of Appeal) to set aside the judgment of Mr Justice Williams, which affirmed the decision of the Warden's Court of Central Otago, in which His Honor held that the registrar must hear an appeal lodged by a creditor in the bankrupt estate of John Ewing. Messrs Hosking and Skerrett appeared for the Bank, and Messrs Myers and GuHen for the respondents. The Court-questioned the right of the Bank of New Zealand to proceed with a case in which it was not a direct party, although as mortgagee it was an interested party. The Mining Act- gives to the party aggrieved ■ the right of appeal to the Court of Appeal. Mr Hosking contended that the party aggrieved was a person who was interested in. hut not a party to the caiiae, and quoted a number of authorities in support of his contention. Argument is proceeding. In the Appeal Court judgment was reserved in the case of Champion versus the Westport Coal Company.