NON-SUIT GRANTED

Evening Post, Volume CXII, Issue 10, 11 July 1936, Page 10

NON-SUIT GRANTED

TRANSFER EFFECTIVE

MASTERTON FARM CASE

Finding that-David James. Richards, a retired professor, of- Wellington, had not been guilty of fraud in registering a transfer of "Bankview," the Wairarapa sheep station which has been the subject of five days' litigation, from the owner, Norman Heaton Pike, of Auckland, to himself, his Honour Mr. Justice Smith, in the Supreme Court yesterday afternoon, non-suited Pike, against whom costs will approximate £600. If the transfer was effective, then, commented his Honour, the case was ended. - .. . .

Pike had claimed £4000 damages from Richards and £4000 from Roy Nathaniel Barton, a sheep farmer, of Featherston, for neglect of "Bankview" while they were mortgagees in possession, £1250 occupational rent, and an order for accounts; anu against Richards he claimed £820 damages -for allegedly forcing an unprofitable sale of stock, and an order declaring null and void an agreement of June 4. 1935, transferring his interest in "Bankview" to Richards.

Mr. R. Hardie Boys, who appeared for the plaintiff, was complimented by the Bench for his instructive argument. Mr. M. F. Luckie appeared for Richards, and Mr. H. Lawson for Barton.

" The first of Mr. Luckie's points in moving for a non-suit was that the agreement between Pike and Richards was still in force, but Mr. Boys sought to show that the transfer had been regis'#red by Richards in fraud. Putting Ric"hards's action at its worst regarding the obtaining of the title to "Bankview," said his Honour, it was misrepresentation at the Land Transfer Office, but. the plaintiff could not rely upon.that. The evidence disclosed no prima facie case of fraud over the transfer, but that it was intended that Richards should use the transfer. The! transfer, he found, became effective. Mr. Boys formally consented to judgment on Barton's counter-claim of £2415 (principal and interest due in connection with transactions arising out of the sale of "Bankview" to Pike). Richards's alternative counter-claim for a decree of specific performance of the agreement was, by consent, adjourned sine die, it being intimated to his Honour that it was a matter that could probably be settled amicably between the parties.