LAW REPORTS

Dominion, Volume 8, Issue 2515, 17 July 1915, Page 14

LAW REPORTS

* —: SUPREME COURT AN ARCHITECT'S APPEAL 111 the Supremo Court on Wednesday morning. His Honour Mr. Justice Chapman delivered his reserved judgment on an appeal by way of notice of motion in the matter of the New Zealand Institute of Architects Act, 1913. The appellant was Arthur Henry. Leaper, architect and builder, of Nelson, and the respondents were tho Architects' Registration Board of New Zealand. Mr. C. It. Fell, of Nelson, appeared for Leaper, while Mr. A. AV. Blair appeared for the respondent board. From the affidavits filed, it appeared that Leaper applied for registration on the ground that, under the provisions of tho above-hientioned Act/ he was entitled to bo so registered, but on March 5 last the board declined to grant tho application. , Tho .ground of the refusal was briefly that Lcapor was a master builder and not am architect. Leaper now asked for an order of the Court directing-the board and the secretary (W: Beaiichamp Platts) to register him (Leaper) as a member of tho New Zealand Institute of Architects, and to pay the costs of tho Court, proceedings. In support of his application Leaper contended that since 1887 as a. member of tho firm of Leaper Bros; he had been, engaged continuously iu practice 'as an architect. His Honour allowed the appeal, making no order as to costs. JUDGMENT FOR DEFENDANT. _ His Honour Mr. Justice Chapman delivered his reserved judgment in .the Supreme Court in a civil action which had 'been heard recently in Blenheim. The plaintiff in the'case was Arthur Albert Edward Hardcastle, ho to! keeper, of Wellington; while.tho defendant was John Falconer, • hotclkeoper, of Blenheim. ; Mr. C. P. Skerrett, K.C., with him Mr. W. F. Ward, appeared for tho plaintiff, while Mr. Mills, of Blenheim, appeared for tho defendant. Hardcastle alleged that on December 15, 1914, Falconer accepted his (Hardcastle's) offer to purchaso the goodwill and lease of tho Club Hotel, Blenheim, but that, after the acceptance of the offer and the payment of a deposit of £100.. Falconer repudiated the agreement. Hardcastle therefore asked for an order for. specific performance of tho agreement, or, if that could not be given, Hardcastle claimed £500 damages- The defence was a denial of any binding contract to sell. Judgment was for the defendant (Falconer) with costs as per scale as if £300 were in disputo, and witnesses' expenses, disbursements, and 'ten guineas i'ee for second day. - ...DECISION. RESERVED., In the Supreme Court yesterday morning, before ,His Honour Mr. Justice-Ed-wards, there was further hearing of an originating summons • to:.determine a question arising in connection, with the' bankrupt estate of James Shaw, storekeeper, late of ltewa, . .uear. Feilding, The plaintiff in the action was the Deputy-Official -Assignee, Palmerston' North', and the defendant was the Bank of New Zealand. Mr. M. Myers,. with him Mr. M. H. Oram, of' Palmerston North, appeared for the Assignee, while Sir John Findla-y, K.C., with him Mr. T. Neave, appeared for the Bank of New Zealand. • / James Shaw.was -adjudicated 'bankrupt oil his own petition on April 27. last. Ho had been working oii an overdraft at the Bank of New Zealand, and on April 3 it appeared he had instructed his solicitors to pay to the bank tho sum of £471 6s. in reduction of tho overdraft. This was done, and .'the Deputy-Official Assignee now askod that the payment should he declared void on the ground of fraudulent prc- , i'ercrice.. . Decision was reserved.