APPEAL COURT DECISIONS

Greymouth Evening Star, 30 April 1938, Page 5

APPEAL COURT DECISIONS

AMMUNITION. “CURRENCY.” [Per "iffikss'* assocUvi'ioxl . " 'WELLINGTON,.ApriI 29. ' A-decisidritohai lhd'tJi’ic'e''bf 'ammuni t i on: pu r. chase (Line 11\&toLm .Zeal and Government .from the Colonial Ammur.'itldn ‘■G’oriiphriy "shd-nltT b^ o Cbriverted •inl.fii.Ne3y Zealand QUimencyravgsLeachcd by tlio Appeal Court in a judgment "del ford'd,""this ".mririi ill's? "111 ,\f Ire "ca se* of the Colonial AmmunitionLtd., v. the Crown (heard, on March • 2 <j'.y-.--' • v ~ .The. coniract .entered -intp-by- the appellant company with the New Zea 1 J a iid * tlb ver nfn e:HT* Tor The"' su ph 1 y of smfidl.'arms.-ammuhition-provid-ed* that the price payable was to be a price eqtiifl‘fo'^he'current "WaT “Office cost. -Tn .1926 the question/of--the addition of the appropriate rale of exchange ’to*“cohver'l'Hid War" Office, pride into liaised hy the company, and in JVlay, 1937, the ’company '■'filecl' ' a ’petition of right against the Crown seeking to'recover £6193/2/7, alleged to be short paid by tho*Crown in respect of the years 1936 and 1937. -MrmJuslice. Reed, who heard the matter last Q.ctober, in the Supreme Court at Auckland, held that the company was not 'entitled- to 'the amount claimed as representing the exchange difference between English and New Zealand currency." The appeal was taken before the Chief Justice (Sir Michael Myers), and -Mr Justice Glair. Mr''Justice Kennedy. Mr Justice Callan, and Mr Justice Northcroft. Judgments were delivered by their Honors this morning, holding that the case had been wrongly decided in the Court below, and that'tire'price of the ammunition supplied must be converted into New Zealand currency. HEATH DITTIES CLAIM.

WELLINGTON. April 29. Judgment. was delivered by the Appeal Court to-day in the case of the CoTninissioner'of Stamp Duties (Mr 11. P. 'Broad) v. Geoffrey Richard Page (Mi- A. C. Perry), as administrator of the estate of William Henry Page, deceased. ■ This appeal, relating to tlio assessment of' death duties payable by the estate of W. J-l. Page, late ; of Christchurch. farmer. was dismissed. It was hold that the judgment of Mr Justice Northcroft in the-Supreme Court was correct in deducting from the amount of dutiable estate the sum of £:;0()i> - which represented the repayment of a mortgage on the.part of certain settled property belonging to deceased’s estate.

"TETANUS" ISSUE. WELLINGTON. April 29. The Court, of Appeal delivered judgment in the case of the Victoria Insurance Company, Ltd., v. Ernest Leonard Hai'i’ison-Wilkie. The respondent claimed from the appellant, company in the Supreme Court at Christchurch last year, as administrator of his late wife’s estate, the sum of £ 10(H) claimed to be payable under a private motor vehicle insm’mice policy. Mrs Harrison-Wilkie received injuries in May. 1937. on getting out of a car driven by the respondent and about three weeks later she was found to have dt'vcloped. tetanus, from which she died. Mr Justice Nori licroft. before whom the action was heard, held that on his interpreration of (he policy, the claim was well founded and entered judgment in the respondent’s favour. Judgments were delivered this morning by the Chief Justice (Sir ■\ritolmr-l Myers). Mr Justice Kennedy. ,:nd Mr Jusiico- Callan, holding that .he judgment of the Court below could not be si-pported in law and was incorrect. Mr Justice Blair, in a. separate judgment. upheld th<- decision appealed from. Tii.- order of the Court was that the appeal be allowed, with costs on rhe highest scale as in a case from a distance, and with the same- costs to the appellant company as had boon allow od to (hr respondent in tmSupreme Cohu together with disbursements.

RATE?: FIXKMPTIOK. WETJ.INGTON. April 29. The judgment, of the Coma of Appeal was delivered to-day in the action of the Auckland City Corpoiat.ion against Max Paykel Building. Ltd Exemption from general rates was claimed for the seventh floor of the defendant company's building in Anzac. avenue. Auckland, because it was tenanted by the Department of Agriculture. .Action was taken by the Corporation to recover these rates., amounting to £25/4/2. and by consent, the question of law was ordered to be argued and removed into the Court of Appeal. In his judgment, delivered this morning. the Chief Justice. Sir • Michael Myers, held that, the defendant companV as owner of the land' and that portion of the building thereon in respect of which the plaintiff claimed general rates, was exempt from payment thereof by reason of its- occupation by His Majesty the King through the Department of Agriculture. In H separate judgment Mr Justice Callan answered the question in the same manner. Mr Justice Northcroft agreed with the other judgments. HUNTER CASE. WELLINGTON, April 29. On the eighth day of the hearing, the Hunter case was concluded- befoic the Court of Appeal to-day, judgment being reserved'. The final stages wore occupied with the hearing, of argument on behalf of the appellants. Thomas Percy Hunter and Cyril Paul Hunter, by Mr C. H. Weston, K.C. The Court of Appeal was adjourned to May 27.