Second Sale Of Cobden House: Objection Raised

Greymouth Evening Star, 2 August 1949, Page 2

Second Sale Of Cobden House: Objection Raised

Whether a house withdrawn from ■sale because the price had been reduced ■ by the/Land - Valuation Committee could- be sold again to another purchaser at' the same figure was a point argued before the Westland Land Valuation Committee, sitting at Greymouth this morning. When it was held that there was no provision to prevent such a transaction, a member of the committee, Mr J. Mulcare, said he could visualise vendors holding out under such circumstances, until a black market payment was obtained, though ne stressed that there was no evidence that such a motive applied in the present case. The sale before the committee was of a Cobden house from J. Tunnage (Mr,C. R. McGinley) to D. J. Scott (Mr W. D. Taylor) the price being £152,0, plus £l5O for furniture. Mr A. M. Jamieson appeared for P. J. Mack el, who objected to the transaction, on the ground that the committee had approved of the sale to him at the figure now sought. Earlier Deal It was stated that the property had been offered to Mackel for £lBOO, but on being reduced by the committee to £1520, had been withdrawn. Subsea uently, Mackel had offered to pay the costs of an appeal but the vendor had rejected this, and refused to go further with the sale, but elected later to sell the property to Scott. Both were former servicemen, allowing the property to be re-offered. Mr Taylor held that the committee was not entitled to hear Mackel or his representative in connection with the case but submissions by' Mr Jamieson were upheld by the committee. Mr Jamieson, addressing the committee, stated that Mackel had been willing to pay the £lBOO asked had the committee approved of this price. He pointed out that after the cancellation of the agreement, Tunnage had. offered the property to the Railway Department, but later agveed to sell to Scott, at a figure he had refused to accept from Mackel. Evidence along these lines was given by Mackel, who agreed, to Mr Taylor, ‘that Tunnage had wanted to Withdraw from the sale pnor to the committee hearing as a result of the Crown valuation, but he had wished to conclude the hearing. . Alter Mr Jamieson claimed that the earlier sale should now be completed under the circumstances, Mr Taylor submitted that it was clear that the committee was not entitled, under decisions of the court, to select a purchaser. The sale to Mackel, he said, had been withdrawn in accordance with the conditions of the agreement, and the committee had no power to interfere with a fuither ■vile both prospective purchasers being servicemen, and, therefore, exempt from the provision that a property withdrawn from sale could not again be offered for some years. '‘Tragic Position” Vendors had an “escape” clause in the agreement, as did the. purchaser, in. the event of. an alteration m the conditions of the sale, said the chairman Mr M. Wallace. “This committee sympathises with Mr Mackel, but it is' at a loss to understand how it can interfere with the sale or withhold its consent from the present transaction,” he said. It just. i phasises the tragic position in regard to the demand for houses, when this type of case comes before us. “We have no choice, but I Ao not feel happy about, it,” said Mr Mulcare. “I can visualise vendors holding out, and, if they do not get a black market payment, holding out until they do. There is no evidence of such a motive applying here, but the possibilities have been disclosed. Mr-J W. Greenslade also agreed that Mackel might be suffering from some injustice due to the earlier reduction, and added that he was aeserving of every consideration but the committee had no option but to grant the transfer now sought. “The committee sympathises with Mr Mackel in his loss of a chance to obtain a home, but we are only here to carry out the administration of tne /Yet and I can find nothing that entitles us to interfere with this transaction,” declared the chairman.. Consent, therefore, is granted, subject to the right of appeal being accorded.