LAND SALES

Press, Volume LXXXI, Issue 24711, 31 October 1945, Page 3

LAND SALES

.—♦— JURISDICTION OF COMMITTEES NO TO- SELECT PURCHASERS (P.A.) ' DUNEDIN, October 30. Holding that the act did not entitle the committee to force upon a vendor a purchaser selected by it, Mr Justice Finlay, in a judgment delivered to the Otago Land Sales Committee to-day, reversed the decision of the committee in a case in which preference had been given to a returned soldier over a police constable in the transfer of a house-property in Moreau street, St. Kilda, At the hearing before Mr E. J. Anderson (chairman) and Mr D. J. Ross, James Giles applied for the transfer of a property "to Eric Alfred Burns, a constable. Jack Hutton, a returned soldier, appeared as an interested party. The committee- approved of the transfer, provided it was made to Hutton. An appeal against this decision was made to the Land Sales Court by Burns. ?f r ice Finla y- in his judgment, said: The decision of the committee y* J hls ca se is founded upon jurisdiction which the Servicemen's Settlement and Land Sales Act does not confer. There is nothing in the statute which entitles a committee to force upon a vendor a purchaser selected by it. A person wishing to sell is entitled to choose his own purchaser, and the committee is concerned under part 3 of the act solely with the terms of the bargain made between the vendor and his accepted purchaser. Having regard to. its novelty and farreaching effect, a right entitling the committee to compel a vendor to accept a purchaser selected by it would need to be clearly conferred by legislation. Until it is so conferred, the Supreme Court could, and if its aid were invoked, would doubtless interfere by certiorari. This absence of jurisdiction is fatal to the committee's decision. The case is therefore referred back to the committee. As no question of price seems to be involved, the committee will no doubt consent to the sale to the appellant." "This means that the appeal is obviously allowed," commented the chairman. 'lt is certainly unique, in so iar as the future is concerned, and of far-reaching importance in that a decision on the appeal was given without a rehearing." The committee revoked its previous order, and approved of the transfer to Burns.