CASE FOR PRIVY COUNCIL

Evening Post, Volume XCII, Issue 76, 27 September 1916, Page 8

CASE FOR PRIVY COUNCIL

At a short sitting?,of. the Second Division of the Court, the Chief Justice (Sir Robert Stout), Mr. Justice Edwards, and Mr. Justice Stringer were on the.Bench.

;; Tho Chief Justice mentioned the case of the Pukeweka Sawmills, Ltd.,- v. Gustav Ludwig Winger and Frank Smith, heard in July. He said that written judgments could be available in a few days, but in the meantime it might be said that the Court unanimously agreed that the question submitted for the opinion of the Court should be answered in the affirmative.

-,' Tho original case set down for hearing was a somewhat peculiar one,, whicli by order of the- Chief Justice had been removed from the Supreme Court to* the Court of Appeal for argument/The question at issue was the right of plaintiff

company to remove certain steel tram , rails and sleepers, valued at from £2000 to £2500, from land near Taumarunui which was originally leased from the Native owners by tho plaintiffs, and the freehold of which was subsequently acquired by the defendants, subject to the interest of one Native. .When the removal of the line was first suggested by the plaintiff "company the Native owners did not object, but the defendants, who had from time to time acquired leases -which included the whole of the area through which the tramway line ran, did enter an objection. Mr. C. P. Skerrett, IC.C, with him Mr. E. F. Hadfield, appeared for tho plaintiff company^ and Dr. H. D. Bamford'(Auckland) for the defendants.

When the decision of the Court was made:known this morning Mr. C. B. Morison, X.C, who received judgment pn. behalf , of, Dr. Bamford, sought, and was granted, leave to appeal to the Privy Council.