COURT OF APPEAL SUMMARY.

Dominion, Volume 5, Issue 1507, 1 August 1912, Page 4

COURT OF APPEAL SUMMARY.

t ▼ 1 A HEAVY MOIINING. | Several reserved judgments were deliy. s ored in the Court of Appeal yesterday, o The reading of them occupied practically 0 tbu whole of the morning. - Cll;0 of Harris and (mother v. r Martha M'Uregor, tho Court reversed tho t decision of the Chief Justice, who recently held that tho leaso of tho Ngawakakupa N block and tho confirmation thereof were void, and who ordered the registration lo bo cancelled. Tho Court was of opinion that in confirming the lease the Native Land Court had acted within its jurisdiction, that there was no fraud, and (hut the Supreme Court had no jurisdiction to review the decision of the Native > Land Court. Even if it were assumed that the lease could hove been set asido . as invalid by reason of irregularities of s procedure in the Native Land Court, or , even ly reason .of its being in coulraven- ; lion of some provisions of (ho Native [ Land Acts, yet, as Ihe lease had been . registered under Iho Land Transfer . Act, 1 it conferred a'good title on the lessees. The decision nf Mr. Justice Edwards . was upheld in the caso of Williams and , others v. Miramar, Ltd., which concerned ; deed of agreement between Minimal - , . Ltd., and the guarantors of tho Miramar . Athletic Park and Wonderland Company. , His Honour held that the pluiivlilfs (pro- . suit appellants) had, bv delaying too lum,-, . lost (heir l ight of election of (he alternafives open to them' under the agreement. The Court of Appeal adopled I his view , by a majority, ami dismissed the appeal. In the case of Clayton v. Chamber,-, a . Gisborno appeal concerning the aiVairs of 1 ! t lie East Coast I'etroleum Company, the Court upheld the decision of Mr. Justice J Chapman, who had expressed the opinion that during a certain period Clayton (the I only representative of the company in , Npw Zealand) stood in a fiduciary position, and was precluded from obtaining for his own .benefit concessions which it , was in tho interests of the company to [ obtain. • ! , Judgment was Riven" 1 for tlio.3lini.ftor l for Customs for the full amount claimed, " and costs' against the Wailii Gold Milling . Company, in a special case staled in ; connection with, the importation of cer--1 tain machinery, which was first passed as | "sinking pumps" free of duty, and .afterwards described by tlie Minister is not coming within the definition of "sinking . pumpr." I Three cases which had been heard ):c----1 fore the Full Bench of tho Supreme Court were also decided. 11l one of theso tho Court held that the phiro Home in Kpuni Street was an institution exempt from rates: In the case of Scolt v. Gallaglier, "ths Court dismissed a .motion lo review the judgment of Mr. Justice Chapman, who ordered 'lie ca.->o to be tridd at I'nlmorston North instead of Waiiganui, on the gl'ound that the former town was more convenient of access from Ltiku. Another somewhat similar case was that, of Mcrson and Company v. Walsh, in which the parties reside at Ohakune. 1 Ills action will be tried at Wangamu, as the Court ' yesterday declined to make an order for trial at Palmcrston North.