COURT OF APPEAL

Press, Volume LXIII, Issue 12933, 12 October 1907, Page 3

COURT OF APPEAL

■ - ■ * . ' (nxn ASSOCIATION TW-IOBAM.) WELLINGTON, October 11. In the Appexl Court to-day the case of the Bank of New Zealand, as the successor to Che Assets Realisation ' Board, v. the District Land Registrar :at Auckland was argued. The Board owned the Waitoa Estate, Oh»- ---» nerouri, of 26,000 acres. Their predecessors in '■ 1884 subdivided X the estate, -for sale, «nd de~ ' posited a plan; ghoirin« a certain road, in the Land Transfer Oißce, Auckland, but they continued to work the estate > ac * sheep station, *nd only sold one section. .When in 1904 the Board de- ' cided to subdivide and make another * plan ignoring the existence of the Toads, they found they had been used and rights acquired over, them. The original roads were accordingly restored, but the t reliefer of a section fronting one of them wee refused on the ground that it did not front a public road, and there was evidence that the Act of 1905 ha<] been complied with. Mr Justice . Denniston held that there -was no evi- > dence that the roads had been dedi- ' ected to the public. The question of law i was removed to the Appeal Court, and i at the same time appellants appealed • on the facts. Mr Skerrett, K.C., with i him Mr Hanan, appeared for ippeli lant; Mr Chapman, X.C, with him Mi ■ Swarbrick, for respondent. The Court reserved ite decision.