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REGISTERING LAND TRANSFER

SUPREME COURT''JUDGMENT.

~'Judgment was given by ,hi.s Honour Mr. J ustdce Chapman in ' tho Supreme Court to-day in the case.'G. B; Walker, , for whom' Mr. X' -Neave appeared; .■?.•'• the District Land Registrar, Napier, re/ presented by Sir : John. ■Salmond, IK.C. ,In the argument it was shown that, the paa-ties were involved in. difficulties owing to their being unawaro of the passing of the Finance Act; 1918. The plaintiff proceeded against the District ' Land Registrar to show cause why he should not register, a. transfer of land which had been -executed by. the Begisfc., rar of the Supreme .Court, in pursuance of a mortgagees-sale conducted throughthe Supreme Court.

In his judgment his Honour held that tho Finance Act, 1918, was not an Act repealing the Mortgages Extension Act Amendment Act, and therefore tho Acts Interpretation Act did not apply to the circumstances involved in the case, and tho rights of the mortgagee were not preserved. < The transfer, therefore, could not be registered, and tho summons against the District Land - Registrar must be dismissed.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/EP19180928.2.28

Bibliographic details

Evening Post, Volume XCVI, Issue 78, 28 September 1918, Page 5

Word Count
175

REGISTERING LAND TRANSFER Evening Post, Volume XCVI, Issue 78, 28 September 1918, Page 5

REGISTERING LAND TRANSFER Evening Post, Volume XCVI, Issue 78, 28 September 1918, Page 5