DISPUTE OVER ESTATE

Dominion, Volume 32, Issue 66, 10 December 1938, Page 12

DISPUTE OVER ESTATE

Leave To Appeal To Privy

Council Refused

Leave to appeal to t.he Privy Council was refused by the Appeal Court yesterday to Frederick Hall. Gisborne, against whom tlie Court of Apjieal gave judgments on October 7 and 11 in connexion witli litigation arising out of the estate of his deceased father, Frederick Hall, of which tne Guardian Trust and Executors Company of New Zealand, Limited, is administrator. Appeals to the Privy Council from the New Zealand Court of Appeal lie as of right where tlie judgment appealed from is :i final judgment and the matter in dispute amounts to or is of the value of £5OO sterling or upward. Tn tlie first of Hall’s cases the matter litigated was his right to certain j>rojierty. The Court of Appeal, after hearing lengthy argument, has decided Hull, tjie value of this property was £260 only in New Zealand currency and thus fell short of I ho sum of £625 which approximately is Hie minimum value in New Zealand currency of tlie subject maljer of an appeal as of right to His Majesty in Council. In Hie other case, which concerned Hall’s right to caveat certain property. Hie Court of Appeal has held that its judgment was not a final judgment and therefore Hhll lias no right to appeal to tlie Privy Council. At Hie hearing, Mr. W. D. Lysnar appeared for Hall ami .Mr. P. B. Cooke, K.C., and .Mr. J. G. Nolan, to oppose the applications for leave to appeal