MOVE TO RECOVER £750

Press, Volume XCIX, Issue 29391, 19 December 1960, Page 22

MOVE TO RECOVER £750

Rejection By Supreme Court Upheld (Ntv> Zealand Press Association) WELLINGTON, December 18. The Court of Appeal has dismissed an appeal by Wool worths (N.Z.) Properties, Ltd., against a judgment by Mr Justice Shorland in the Supreme Court at Auckland on Awril 12, 1960. In the Supreme Court the appellant sought to recover £750, which it had paid to the respondent, the Mount Wellington Borough Council. The appellant, planning to subdivide land owned by it at Panmure, had a plan prepared and submitted it to the respondent for its approval, which was required before it could deposit the plan in the Land Transfer Office and sell the sections. The respondent deelined to permit the uplifting of the plan with its consent endorsed upon it until the appellant paid £750. In lieu of it? making provision for reserves the appellant paid this sum, uplifted the plan, and later decided not to continue with the subdivision. The appellant sought to recover the £750 in the Supreme Court, but Mr Justice Shorland found for the respondent on the ground that the appellant had no right to a refund arising from statute or from established principles of law Counsel who appeared at the anpeal hearing were Mr R. B. Cooke, with him Mr Hankins, for the appellant and Mr E. T. Pleasants for the respondent. The Court of Appeal comprised Mr Justice K. M. Gresson, Mr Justice North, and Mr Justice Cleary.