LAND SALES

Press, Volume LXXXI, Issue 24742, 6 December 1945, Page 3

LAND SALES

DECISIONS OF COURT "It is not a very desirable subdivision and in order to deter this kind of thing we 'Will -have to allow costs," said Mr - Justice Finlay, when an appeal was made , before the Land Sale's Court yesterday by James Smillie, building contractor, against the decision of the Timaru Rural Land Sales Committee in refusing to sanction the sale to him of a property at £IOSO from James Burnham Barker and Russell Stanley Goodman, executcrs in the estate of th late Charles Baker. The committee had approved the sale at £IOOO and against this Smillie lodged an appeal. • "It looks as though the vendor has been given a reasonable price," continued his Honour, "and now the purchaser makes the appeal. It is . quite obvious that the maximum value was. £ 1000. .The committee judged sections on the value .< of the land, not on the position of .the individual. purchaser. These appeals by purchasers are discordant things. The appellant wastes the time' of the Court with little expense to himself. An appeal by a purchaser is a partial sort of thing and the only expense is in ccun- • sel's fees."

After hearing the evidence of James Smillie, George Reid (Timaru), land valuer, for the appellants, and John Keppel for the Crown, his Honour dismissed the appeal and allowed the Crown £5 5s costs against the appellant. Mr C. W. Webber (Timaru) appeaered for the appellant, and Mr N. H. Rawson, for the" Crown.

Unusual Case ■ Haines Motors, Ltd., appealed against the pri?e of £12,500. for a property on the south-east ccrner of Manchester street and Gloucester street, approved by the Urban. Land Sales .Committee. The sale price was £13,500.

It was stated that at the approved price ■ the vendors, the Public Trustee, in the estate of James Trcup, refused to sell the property; and Haines Motors, Ltd., asked that fee price be raised to a figure at which business could Jje done. -The property is.l rood 10.4 perches. If has a frontage of 68ft Bin to Manchester street and 101 feet ~to Gloucester street. -'■' Mr Justice 'Finlay .presided. jWith him was Mr William Stewart. Mr R. H: Livingstone appeared for Haines Motors, Ltd. Mr A. C. Perry for the Public Trustee; and Mr S. T. "Barnett represented iheV ' Crown.

Under cross-examination by Mr Barnett, A. F. Stacey, one of the witnesses for the-appellant, admitted that he" had told one of his clients not to pay more than - £12,500 for the property.: - ,".'"•-.■■.- To. Mr Livingstone, his Honour said: If your main witness,told a client not to pay more than £ 12.500, how can you hope to have-the-price raised? There is a rift in the appellant's case, and is it , worth going on with?" . ■ ''■■ v* ■'•'■ ■'■•■' His Honour then adjourned the Court ■to'.give the parties time to>confer, On . resuming the appeal was withdrawn on "" ;the application, of- Mr Livingstone. >'•■•. i., ...An appeal against the decision of the Urban Land Sales Committee in refusing to approve the sale of-a section in Crichton terrace at £SOO from A. K Wright to R. A. Stewart, was withdrawn.-'.'■'■.* The committee had approved the sale at ; £425.: _.. ~-..: ;.-. ■;..;.■ -... ;-,:_;■: ■■. ~

-....► Decision Reserved . ;"-'" -Decision was reserved- in ' an 'appeal' against the refusal of the Urban Land Sales Committee to approve of the vendor's price of £1250: for a property at : ; the corner of Antigua street ahd^TuamV-■-•' sljeet from Mrs J Ruby Ann Mclntyre to i.»v Clarence George Hampton, At a sitting of the Urban Land-Sales vi Committee .it was stated that. Mrs Mclntyre had paid £I2OO in. 1924, and how - asked £1250. The Urban Land Sales ' ; Committee had refused to pass the sale at the higher figure. -., •:; ;' ~,■:■" ■-_• Mr A. C: Perry "appeared[forthe ven- " dor, Mrs Ruby Ann -.Mclntyre., Mr R, A. - « Young for Clarence George Hampton, the s ' objecting tenant, and Mr W. R. Lascelles for the purchaser, A. G. Andersen. • ■ After legal argument had been heard. Mr. Perry asked that the question, be re- ". ferred back to the Land Sales Committee . for approval after taking into' considera- L tion the value of the.site and of the good"- > will. ■:'■"-■ '-"■-.--. :■-;■ ... - \ ■:■ '""A Decision ■ was .reserved;' ~ :;' '\ : ""*