SALE OF FARM.

Press, Volume LXVIII, Issue 20497, 16 March 1932, Page 16

SALE OF FARM.

REGISTRAR DISAPPROVES CONDITIONS. CASE BEFORE APPEAL COURT. (press associatiov telegram.) WELLINGTON, March 15. The Court of Appeal to-day heard the case, Public Trustee v. .W. D. Wallace, Registrar of the Supreme Court at Christcliurcli. On November 2nd, 1915, Thomas William Mee, of Aylesbury, farmer, executed a mortgage to the Public Trustee on his farm of 900 acres to secure repayment of £SOOO. The term of the mortgage was subsequently extended to November, 1935, and Mee, having died in the meantime, his executors, on March, 1931, gave notice that they intended to abandon the property anci the Public Trustee went into possession. The Public Trustee then applied to the Registrar of the Supreme Court at Christchurch to conduct a sale by auction of the property and lodged with him for approval certain conditions ot sale. The Registrar, however, refused to approve of these conditions upon the grounds that they placed a reserve upon the property and provided that any purchaser might have a term of five years for payment of the purchase money in excess of the stipulated deposit. The Public Trustee then filed an originating summons asking the opinion of the Supreme Court as to whether the Registrar was justified in refusing to approve of the conditions. The matte! was heard by Mr Justice Kennedy, who, while holding that the Registrar was not bound to disapprove of the conditions because they provided for a reserve, would not decide the question whether provision for sale on the terms set out was in order and the point for the opinion of the Court of Appeal. The Public Trustee has also appealed from the judgment, and both points are being argued. On the Bench were the Chief Justice, the Rt. Hon. Sir Michael Mjyers, Mr Justice Hoidman, Mr Justice MacGregor, and Mr Justice Blair.