COURT OF APPEAL

Evening Post, Volume CXIII, Issue 100, 27 April 1917, Page 2

COURT OF APPEAL

CANTERBURY LANDS

The Court of Appeal -was,; yesterday afternoon, engaged in the hearing of a case concerning Canterbury lands. On the Bench were his Honour the Chief Justice. (Sir Robert Stout), Mr. Justice Dennieton, Mr. Justice Cooper, and Mr. Justice Chapman.

The appellants were Thomas E. Fletcher and William Fletcher, of Studholme Junction, and the respondents (defendants in the Supreme Court) were the chairman and members of the Wainono Drainage Board, with its office situate at Waimate.

Subsequent to the report of a Commission about May, 1914, the lands of the /plaintiffs were included in th» board's drainage district for rateable purposes. It was contended on behalf of the plaintiffs that the report of the Commission ought to be declared, a nullity, ■ for the .reason that the Commissioners, in conducting the enquiry, had disregarded the principles of natural justice by (a) failing to give notice of. the proposed enquiry to some of: the persons whose lands were in the: area .proposed to be added to the drainage district" j (b) by (refusing to allow the plaintiffs to give evidence and cross-examine witnesses ; and (c) by inspecting the plaintiffs' land without giving them an opportunity of being present at the inspection; , , > „ ■. .. -...:'■,. ;

His Honour Mr. Justice Sim, against whose decision appeal was lodged, gave judgment in favour of the defendant board, which, he held, had, acted within ■the terms of its statutory powers, the only relief to 'be given, to the plaintiffs being ;an order declaring invalid a special order of: November, 1915, so far as •it related to a loan raised in. 1897. ,'. No order was made ag to costs.

Mr. W. E. Kinnerney (Timaru), with him Mr. T. A. Lucas (Waimate), appeared for the appellants, and Mr. S. G. Raymond, K.C. (Christchurch), with him Mr.' 1 H. F. yon Haast, for the respondents. . ■-\ •. ' ■ ,

(Proceeding.)