ADDRESS LASTS TEN DAYS

Dominion, Volume 35, Issue 6, 2 October 1941, Page 3

ADDRESS LASTS TEN DAYS

Appeal In Case Of Once Wealthy Estate JUDGMENT IN SUPREME; COURT CHALLENGED Yesterday was the tenth day of the hearing in the Court of Appeal, Wellington, of the case in which Frederick Thomas Hall, painter, Gisborne, and others are appealing against a decision by Air. Justice Callan in the Supreme Court at Gisborne in favour, of the Guardian Trust and Executors Company of New Zealand, Limited, Auckland, and others. The .action concerns the estate of a man who was once estimated to be worth Appellants'are F. T. Hall, in his own .right and as a beneficiary in the estate of the late Frederick Hall, ■ sheep-farmer and. painter, Gisborne, and other.beneficiaries in the.estate. Resixmdepts are ..the. Guardian Trust as attorney, for the-date Frederick. Hall,, later aS executor and trustee with F. W. Nolan under the will, and later as administrator of the estate; Frank Wrey; Nolan,- solicitor, Gisborne the Bank of New Zealand, Wellington; the Union. Bank of Australia, Limited, Wellington; Douglas Campbell' Purdie, solicitor, Gisborne. Mr. Lysuar’s Address. Leading counsel for appellants, Air. W. D. Lysnar, Gisborne, commenced Ms opening address oh September IS and is still unfinished after the TO sitting days which the case has already occupied. The Court comprises: Air. Justice Kennedy, Air. Justice Johnston, and Air. Justice Northcrbft. Air. Lysnar, with him Mr. R. B. G. Chadwick, Rotorua, is appearing for appellants; Air. A. H. Johnstone, K;C., Auckland, with him Air. J. G. Nolan, Gisborne, for the Guardian Trust and for. Air. F. W. Nolan; Mr. H. F. O’Leary, K.C., with him Air. H. E. Evans, for the Union Bank; Air. D. R. Hoggard, for the Bank of New Zealand. Frederick Hall, who in 191!) was estimated to be worth'.£soo,ooo, died at Gisborne on April 20, 1935, leaving an estate which was sworn for probate purposes to show a deficiency of £74,355, the assets totalling £196,328 and the liabilities £270,683. Appellants’ Allegations. .Appellants allege that there has been a conspiracy between respondents, or some of them, since about Alay, 1929, to. defraud them of their legal arid equitable rights. In the Supreme Court action they asked to be nonsuited against Air. Purdie, and made it clear that no fraud was alleged against Air. Nolan. After a hearing occupying 39 days in Gisborne, Air. Justice Callan gave judgment for respondents, at the conclusion of which he said: “I think it right to say that the allegations of fraud and conspiracy are, in my opinion, without foundation.” Appellants are appealing against this decision. The printed case on appeal occupies eight volumes of 1597 printed pages. Air. Lysnar has been taking the court through the very extensive notes of evidence taken during the hearing in the Supreme Court and developing his main submissions. The hearing may occupy a.further fortnight.