COSTS AGAINST CROWN

Press, Volume LXXXV, Issue 25769, 2 April 1949, Page 6

COSTS AGAINST CROWN

—— LAND SALES ACT JUDGMENT

PROPERTY FOR SOLDIER SETTLEMENT

For the first time in the Canterbury Land District, and perhaps the first time in the Dominion, a Land Valuation Committee has given costs against the Crown. In a reserved judgment on a claim for compensation for The compulsory acquisition by the State of a Mid-Canterbury estate, the Christchurch Rural Land Valuation Committee a few days ago made an order that solicitors’ costs amounting to £lO5, and witnesses’ expenses, should be paid by the Crown. The Court awarded the ♦ claimants £12,877. A total of £15.967 was claimed, and the Crown’s offer was £10.255. The land concerned in the claim had been taken by the Crown for soldier settlement against the wishes of the owner. The valuation committees have power to allot costs against the Crown in their discretion.

The mortgagees in possession had claimed £15,967 compensation from the Crown for a property of about 1030 acres in the Ashburton-Lynd-hurst irrigation area taken over for soldier settlement on May 0. 1948. The claim included interest from May 7. 1948, costs, and compensation for all loss arising from the taking of the Mr W. H. Nicholls presided at the hearing of the claim, with him Mr B. S. Robertson and Mr C. B. Idle. Mr D. E. Wanklyn and Mr M. G. L. Loughnan appeared for the claimants, the trustees of the estate of Sir George Clifford, and Mr W. F. M. Ott appeared for the Crown. During the hearing it was stated that the property had been mortgaged to Sir George Clifford in 1920 by Daniel McKendry, who died in 1930. After Mr McKendry's death the farm had gone back. In April, 1945. the property had been abandoned to the mortgagees, the Clifford estate, and a manager had been put in to restore it under the direction of Canterbury Agricultural College, Lincoln. A fiveyear plan had been worked out, and substantial sums spent. A total of 188 acres had been irrigated and other improvements had been made.