ASSETS AND LIABILITIES. A DOUBTFUL POSITION.

Evening Post, Volume LXXVI, Issue 137, 9 December 1908, Page 2

ASSETS AND LIABILITIES. A DOUBTFUL POSITION.

The action of the chairman of the old Hutt Park Trustees (Mr. Pearee), in declining to comply with the- request of the Hutt Park Committee to make application to the Wellington Racing Club for payment of the £25 due to the trustees as rent, came as a surprise to several members of the new cpmmittee last night. Messrs. Russell and Baldwin reported that upon interviewing Mr. Pearee op. the matter he had given them to understand that he would not move a nand unless ordered to do so by the Supreme Court, and even then they would have to drag him. Mr. Pearee had then terminated the interview. He did, however, intimate ' that anything the committee had to say would ha«e to be put in writing. Several members were, inclined to believe that if the committee was liable for the debts they were also entitled to receive all the assets (the £25 in question) of the old trustees. They thought the board's solicitor should bo instructed to collect the £25 owing by the Racing Club, seeing that the secretary of the club had previously intimated to Mr. Russell that it would be paid over to the committee in the event of a clean and final cancellation of the Racing Club's lease being forthcoming. Mr. Southgate, however, demurred, he being of the opinion that if the committee did so, it would practically be upholding the recent decision of the Supreme Court Judge, who ruled the committee liable for debts contracted by the old trustees. Mr. Soutbgate moved that no action be taken by the committee. This found v seconder in Councillor Colquhoun. Dr. M'Kenzie considered that the best thing to do would be to instruct the solicitor to draft an amendment of the existing Act, eradicating the present wrongs and providing for the payment by the Government of all the old liabilities. Mr. Russell suggested a deputation. Another mtmbei counselled the talcing of the matter to the Court of Appeal. As against this Mr. Russell stated the law costs would be far greater than' those of the recent friendly action. In his opinion, the £25 should be collected and the facts of the matter then referred to the Borough Councils. Councillor Baldwin also thought the councils should first be approached. In moving that the case should go to the Appeal Court, Dr. M'Kenzie remarked that once the court's decision was given the committee would then be in a better position to approach the Government. Finally, it was resolved to recommend the respective Borough Councils to support the committee in going to the Court of Appeal.