ASHURST LAND CASE

Gisborne Times, Volume LXIII, Issue 10066, 3 August 1925, Page 2

ASHURST LAND CASE

APPEAL ALLOWED

(PRESS ASSOCIATION.) WELLINGTON, August 1. Air. Justice McGregor, in allowing tho appeal in the ease of Morgan v. Wright, stated tho decision of the Judge in the Court below could not be supported on law or facts. He was satisfied the respondent trustees departed in this case from the salutary rules relative to tho duties of trustees, an ci'must abide by the consequences arising in law from thenconduct. The Court could only conclude that Douglas Wright, who was present at the Court during the trial, actively instructing counsel, had no reasonable explanation to offer of his conduct, as lie did not venture to go into the witness box. Air. Noswortliy’s evidence was far from convincing. He did not appear anxious to help the Court in arriving at the facts in the issue. Justices Herdman and Alpers concurred. Mr. Jnst’ce Sim held that the judgment of the Supreme Court should bo varied by a declaration that Douglas Wright was not entitled to purchase Surrey Mil’s or Windermere, and was liable to account for all the profits made, and that accounts should be taken. Sir Robert Stout, Chief Justice, in dissenting, held that the’ appeal should be dismissed on the ground that there had been a. delay of sixteen years in br.'nging the action, and that it would be inequitable to Douglas Wright to give up tho prppert es or account for profits from the re-sales. Conditional leave of appeal to the Privy Council was granted, the security being fixed at £SOO.