LYSNAR CASE

Evening Post, Issue 11, 13 July 1936, Page 11

LYSNAR CASE

APPEAL FAILS

UNANIMOUS FINDINGS

Three Judges of the Court of Appeal today unanimously dismissed the appeal made by. William. Douglas Lysnar, station owner, and former member of Parliament, against a decision given by Mi-. Justice Blair in the Supreme Court in- October last in an action between Lysriar and the National Bank of New Zealand Ltd., concerning Arowhana Station. In that, judgment his Honour disallowed the greater part of a claim for approximately £137,000, allowing Lysnar in effect only £150.

Today the Acting Chief Justice (Sir John Reed) and Mr. Justice Ostler delivered one judgment, and Mr. Justice Kennedy another. All reached the same conclusion, and the appeal was dismissed with costs on the highest scale and as from a distance.

The hearing, before the Court of Appeal occupied ten days. The appellant appeared in person, and the case for the bank was conducted by Mr. A. H. Johnstone, K.C., of Auckland. Mr. D. E. Chrisp, of Gisborne, and.Mr. G. R. Powles, of Wellington. . .

Appellant/said the judgment'of the Acting Chief Justice and Mr. Justice Ostler, was plaintiff in the Court below and his action against the respondent bank was for damages for breach of contract and tort. The bank counter--claimed for the sum of £71,990 and interest, which it alleged to be due to it as a debt by appellant. The learned Judge gave judgment on the claim for what was equivalent to £64,847 10s 9d. Judgment had already been given for the bank on the counterclaim for £71,990 and interest. The final judgment on the counterclaim was for £86,627 15s 4d. The appeal was against the judgment both on the claim and the counterclaim. .

In thirty-nine typewritten' foolscap pages their Honours reviewed the facts of the case and dealt in succession with each of the many points raised by the appellant. Their final conclusion was against him.

"I find that I am so much in agreement with what has been • said upon the facts in the court below by Mr. Justice Blair and in this court by the Acting Chief Justice and Mr. Justice Ostler," said Mr. Justice Kennedy, "that I do not think it would be convincing to the appellant or helpful to an ultimate tribunal to repeat, in other words, what has already been said. I may merely add that the evidence satisfies me that the proper conclusion is that it was impossible for Mr. Lysnar or for anyone else, in the years in question, with due allowance for the burden of interest, rent, rates, and taxes, to make a financial success of the farming of the back portion alone or of both the back and front portions of Arowhana."