ROSENEATH LIFT

Evening Post, Volume CVIII, Issue 79, 30 September 1924, Page 2

ROSENEATH LIFT

CASE MENTIONED IN COURT. After lying in -abeyance for. some lima —so far as the general public is concerned—the claim for injunction against the Wellington City Council in connection with the proposed building of the Koseneath lift was mentioned this morning before the Appeal .Court. Mr. J. O'Shea, City Solicitor, said Mr. Justice Macgregor had suggested that the case should be heard before the Full Court, both evidence and argument. The Chief Justice -. "That is quite unusual." Mr. O'Shea : "I pointed that out." The Chief Justice : "I do not think we can lay down a practice to hear such cases." " This was an ordinary equity case, and he did not see why three Judges should hear it. They had not the Judges to hear such cases. If they started the Judges would be sitting continuously in Wellington. He suggested that the parties might agree on the facts and argue the matter v before the Full Court. Mr. O'Shea.: "It is impossible to agree on the facts." He mentioned that an amended statement of claim was going to be filed whereby the plaintiffs were attacking the deed under which the land—that was the town belt —was vested in the council The Court decided to hold the matter over until later, in the day, when Mr! Justice Macgregor will be in Weliing-