LAW REPORTS.

Dominion, Volume 3, Issue 893, 12 August 1910, Page 3

LAW REPORTS.

SUPREME COURT. AN ARBITRATION CLAUSE. HAWKE'S BAT RUNS. The interpretation of an arbitration clauso in a lease was the subject of argument iu the case of Troutbeck and others v. Tanner which came before Mr. Justice Cooper in Banco yesterday. Mr. C. P. Skerrett, K.C., and Mr. H. Johnston appeared for the plaintiffs and Mr. M. Myers and Mr. Fell. for the defendant. The case came before tho Court on an originating summons under the Declaratory Judgments Act. The plaintiffs wero Hutton Ewan Troutbeck, sheep-farmer, of Napier, and Anne Troutbeck, widow, of. the same place, and the defendant was. Thomas Tauner, sheep-farmer, of Havelock North. The plaintiffs applied tor a declaratory order, interpreting an arbitration clauso in two leases of sta-. tiou properties. The clauso covered any doubt, difference, or dispute between the parties hereto touching these presents, or any matter, clause, or thing herein contained," and tho questions tor tho Court were: (1) Whether the arbitration clauso applied to a dispute as to whether the dciendaut had failed to carry out certain conditions •of the leases relating to repairs and improvements; and (2) whether, notwithstanding tho fact that the leases were surrendered before any claim was made, the matters mentioned could still be-referred to arbitration. " " The parties to both the leases were George Edward Gordon Richardson and James M'Pherson M'Lean (lessors), and Thomas Tanner, the defendant in this action (lessee). The lessors had assigned their interest in the leases to the Troutbecks, the plaintiffs in this action. Tho properties concerned are the Pakuratahi and Petane Blocks, Hawke's Bay. The lease was surrendered by Tanner some few months, before its termination, at the request of tho lessors, they having sold the property. After the lease was surrendered the ■ plaintiffs gave notice to the defendant claiming about ifilDOO for alleged breach of covenant and desired that the claim should be' submitted to arbitration under the clause quoted above. Argument, in which all the counsel took part, lasted for several hours. . Decision was reserved. A WAIRARAPA LOCAL BODJ. SHOULT IT EXIST? .The question whether the Kahutara JRiver Board, in ' the Lower Wairarapa, is properly constituted was opened- in the Supremo Court yesterday before Mr. •Justice Cooper, sitting in' Banco, on an appeal from a decision of Mr. Turton, formerly stipendiary magistrate in the Wairarapa. The board sued Arthur Eobinson, in the Magistrate's Court at Featherston, for .£9 7s. 7d. rates, and judgment was givon for the defendant on the ground that the board had no existence as a properly constituted board, the district not being such as was contemplated, in the River.Boards Act, as it was not bounded by a river from which overflow might. be expected.

It .was against this decision that the board appealed. Mr. M. Myers and Mr. J. W. Card represented the appellant, while Mr. C. P. Skerrett, K.C., and Mr. J. If. Logan, junior, appeared for the respondent, Robinson. / Mr. Myers argued that even if the watercourses in or adjoining'the district were not such as. were meant by the word "rivers" as used in the River Boards Act, the fact that the board had been set up by proclamation of the Govornor wa9 sufficient to establish : its validity. The hearing will be continued to-day.