COURT OF APPEAL

Dominion, Volume 16, Issue 165, 31 March 1923, Page 7

COURT OF APPEAL

WAIMIHA CO. V. WAIONE CO. Reserved judgment was given in the Court of Appeal on Thursday for the Waione Timber Co., Ltd., defendants in an action brought by the Waimiha Sawmilling Co., Ltd. Mr. P. B. Cooke appeared for the plaintiffs and Mr. H. F. Johnston for the defendants. The judgment of His Honour Mr. justice Hosking, with which a majority of tho Court agreed, stated: “This is an action to have it declared that the plaintiff is entitled to e'ertain rights in and over a parcel of land of which the defendant is registered proprietor under the Land Transfer Act, it being alleged that the defendant’s registration was obtained by fraud or i s being improperly made use of to defeat the plaintiff’s rights. . . . I am satisfied that there was no moral fraud. I am' satisfied that the judgment removing the caveat justified Wilson and his solicitor in believing, and that they did honestly believe, that Howe was entitled to sell and that Wilson was entitled to purchase the land free from the rights claimed by the plaintiff, whatever the ultimate result of the litigation might.be—that it was in reliance upon the judgment that the purchase was completed by JVilson —and that in doing so he acted honestly. “Fox- these reasons I consider that judgment must be entered in the Supreme Court for the defendant, with costs according to scale as if £2OOO had been claimed.” Mr. Cooke was granted leave to appeal to the Privy Council. The Court, which sat in the First Division of last year, adjourned until April 9 at 10.80 a.m.