WRIGHT LITIGATION

Greymouth Evening Star, 28 September 1928, Page 6

WRIGHT LITIGATION

FULL COURT APPEAL.

(Press Association.)

WELLINGTON, September 28

A further phase of the action between Florence J. M. Morgan, Florence B. Morgan, Harry W. Morgan, and Percy Norman Quartermain, plaintiffs, and Douglas G. Wright, Harriet Myra Wright, and Hon. W. Noswortlhy, defendants, came before the Full Court to-day. On the Bench were Justices Reed, Ostler, Blair, and Smith. Fop the plaintiffs was Mr A. T. Donnelly, and for jQ. G. Wright, Mr F. G. Sargent, and for the trustees, Mr A. C. Cottrell. The defendant, D. G. Wright, in August of this year brought a summons before the Supreme Court, claiming that in the taking of accounts as ordered by the Court in this action, he should be allowed credit for land tax paid by him whilst in occupation of t!he trust properties, prior to sale to him of those properties being set aside by the Court. By order of the Court, this matter was ordered to be argued before the Full Court. The principle on which the parlies should act in the taking of accounts, and the occupational rent payable by D. G. Wright, were settled during the last session of the Court of Appeal, but Wright now contends that from that rental is to be deducted all land tax paid by him whilst in occupation.

The Court were unanimous that the application should not be allowed. The intention of the Court of Appeal was not to allow such deductions from occupation rent, and payment of this rent did not constitute Wright a legal tenant.

Mr Sargent asked leave'to appeal to the Privy Council, but the Court held the application should he made in the formal manner. .