NOT GRANTED.

Auckland Star, Volume LXIV, Issue 238, 9 October 1933, Page 3

NOT GRANTED.

WRIT OF INJUNCTION.

COUNTY COUNCIL APPLICATION.

An action brcnight by the Bay of Islands County Council for an injunction to restrain the. Supreme Court, 'ttin" , as a Compensation Court at Whangarei, from hearing a claim for compensation for land taken for a road, was disposed of by Mr. Justice Herdman in the Supreme Court this morning. The action commenced on Thursday last. Air J. J. Butler represented the plaintiff the Bay of Islands County Council, and Mr. A. K. Turner the defendant, Winifred Mona Hills. Plaintiff claimed that the defendant liad entered into a written agreement in November, 1930, whereby the defendant agreed to give certain land free o f compensation. The agreement set out the numbers of the sections through which the road would pass, but when constructed the road was formed through two sections not mentioned in the agreement. Plaintiff contended that the defendant was still bound by the agreement, as it was alleged that she had understood throughout the course which the road was to take. This was denied by the defendant, who claimed that the road as constructed was different to the one agreed to. In giving judgment, his Honor said that in order to succeed the plaintiff council had to establish mutual mistake. It was not sufficient to show that the council was under a misapprehension, hut it had to be shown that the defendant also made the same mistake. This had not been shown to hie satisfaction, and an injunction would therefore not be granted. The motion was dismissed with costs against the plaintiff council.