THE OTEKAIKE ESTATE.

Dominion, Volume 1, Issue 155, 25 March 1908, Page 8

THE OTEKAIKE ESTATE.

A TEST CASE. APPLICATION FOR AN INJUNCTION! BY TELEGItAriI—SPECIAL CORRESrOKDENT. □uncdln, March 24. The case of H. W. C. M'Kcllar and William AVilkio Mitchell v. tho. Land Board of Ofcago was called in tho Supremo Court this afternoon. This Avas an application for a mandamus and injunction in respect to sections thrown open for settlement on the Otckdiko Estate, North Otago, and as it is recognised as a test case, it is of importanco to tho whole Dominion. Mr. Hosking, K.C., and Mr. C. G. Whito appeared for tho applicants, and Mr. Solomon, K.C., and Mr. P. S. If. Macassey for tho Crown.

i Mr. Hosking stated that, in aceordanco with a suggestion 'mado by His Honour, tho ease should be removed to the Full Court of Appeal, both sides had, after fully considering tho matter, consented to this courso. He therefore, mado application -to His Honour for an order of removal accordingly. Ho also suggested that tho caso should bo proceeded*with with as littlo delay as possible at tho forthcoming sessions if possible. Tho tenants were anxious' to got tho case settled; and if it was to be so enter into possession of their lands.

Mr. Solomon: I havo no' objection to offer .to that. '

Mr. Hosking said there wore ono or two points on which ho would like to havo his caso supplemented, points on which, had the caso gone on, ho would havo examined'iMr. Barron.

Mr. Solomon said 1 ho hoped it would ho understood now that the case would go to tho Court of Appeal, and tho Attorney-General was to bo associated with him in its dcfcnco that he could not do anything likely to affect him. However, ho had no wish to hamper tho other side in any way.

Mr. Hosking said tho dofenco was only filed yesterday, and therefore ho had not had an ' opportunity of gaining certain, information that was necessary. ■ Ho wanted to know<gvhen tho Otckaiko settlement was opened .for sottlemeut,. and when tho ballot took place. Mr.' Solomon said the dates were December 12 and February 12 respectively. Mr. Hosking wanted to know if there was any urgency in getting tho' estate opened, and whether it was not a . fact "that-'tho question of whether tho employeo was to get preference was to bo dealt with. Ho wanted this to bo admitted.

Mr. Solomon:-I think you aro correct in saying that tho estate must bo opened as early as possible. If so, it will bo admitted.

Mr. Solomon further admitted that tho land was gazetted as open for application on December 12, and the ballot took place on Fobraary 12. Ho agreed also to furnish dates of tho Land Board meetings subsequent to December 5, and admitted that it Jiad been tlio practice of t,be Board under previous Acts to grant applications subi ; . to tlio approval of tho iuinlster, pointing out, however, that this ( was tho 'first caso under this'particular. Act. Other information asked for was also supplied, after which Mr. Solomon said ho wished it clearly understood that tho admissions were made subject to being pronounced relevant. ,

Mr. ITosking: I. don't know whether I should agree to the caso going to the Court of Appeal in that case".

His Honour pointed out that tho Court that'heard tho. case 'must detormino . the relevancy of matter put before it. Ho thought Mr. Hosking would be in no worso position than if tho case' wero heard by tho Court hero. His Honour, also Stated that, so far as ho could arrango it, the Court of Appeal would take tho caso as early as pos.siblo as it was a matter of great public importance. ,