SUPREME COURT Claim Over Woolston Land

Press, Volume CVII, Issue 31547, 8 December 1967, Page 9

SUPREME COURT Claim Over Woolston Land

A Supreme Court case which began as a claim for damages for the alleged removal ef 2373 cubic yards of top-soil from a two-acre property at Elstead Street, Woolston—over which plaintiffs were non-suited continued yesterday on a counter-claim for specific performance of a contract for the property’s sale. This is sought by Viking Properties, Ltd (Mr B. J. Drake), vendor of the land, against World Travel Association, Ltd, and Karen Holdings, Ltd (Mr R. J. Allan), which companies signed a contract to purchase it, and were on Wednesday non-suited by Mr Justice Wilson on their claim for damages over the removal of soil from it Counsel were agreed with his Honour that the question in issue for the enforcement of specific performance of the contract for sale was the

amount of soil removed from the property—Viking Properties admits to the removal of 480 loose yards, which amount is contested—and what sum should be allowed in compensation. The case will be resumed this afternoon, when World Travel Association, Ltd, and Karen Holdings, Ltd, will call further evidence in their defence to the counter-claim against them. One of their witnesses, Maurice Gordon Teague, a public accountant, and a director of the first company and secretary of the second, gave evidence yesterday that the companies had required the land at Elstead Street for pumpkin growing, and other market gardening. When Mr Drake, in crossexamination, put it to Mr Teague that market gardening had never been carried 'on in that area of Christ-

i church, the witness said: “I cannot say.” Three witnesses, James McCallum Tocker, a public accountant, Gavin Ogilvie, a ‘ civil engineer, and Charles Al- ■ bert Trusillo, a foreman-super-visor for the earth-moving ’ and contracting firm of Ryan ’ Bros, Ltd, were called by I Viking Properties, Ltd, on the company’s claim for specific performance of the contract to sell the Elstead Street land.