Appeal on Waimate farm sale

Press, 27 November 1982, Page 4

Appeal on Waimate farm sale

PA Wellington The Court of Appeal yesterday granted leave of appeal out of time against an agreement for the Sale of a farm at Waikakahi, near Waimate. The plaintiffs, Mr Joseph O’Connor and his sons, Paul Michael O’Connor and Francis Joseph O’Connor, had sought to have the agreement set aside as unfair on the grounds that the sale

price was too low and that one of the trustees of the family estate, which owned the farm, did not have mental capacity. Earlier, in the High Court at Timaru, Mr Justice Cook had refused to set aside the agreement for sale because of delay. The farm had been purchased three years before by Mr Thomas Bruce Hart who had since invested money to improve it.

Granting leave to bring the appeal, the president, Sir Owen Woodhouse, said the O'Connors’ solicitors had been under a misapprehension about the time limit for filing notice of appeal, because of what they had been told by the court registrar. It was difficult to understand how that misapprehension could have continued with the solicitors for both

parties as they were in constant touch with each other, he said. The Court was not satisfied that the respondent would be prejudiced to any significant degree by leave being granted. Sir Owen said. The appeal is expected to be heard in February. The Court also comprised Mr Justice Richardson and Mr Justice McMullin.