AROWHANA CASE

Gisborne Times, Volume LXXXV, Issue 12912, 14 July 1936, Page 5

AROWHANA CASE

W. I). LYSNAR v. NATIONAL BANK OF NEW ZEALAND. A3?PEAL FAILS. APPELLANT’ TO PAY COSTS OX HIGHEST SbALF. (Press WELLINGTON, July 13. During its March sessions the Court of Appeal was engaged in considering the appeal of William Douglas Lysnar from the judgment of Mr. Justice Blair, fixing the amount oi damages to which the appellant was entitled by virtue of abreach of contract l)v the National Bank of Non \ Zealand. ■A The hank had entered, as mortgagee ,into possession of Lysnar s stock and land known as Arowhana. station ,and very substantial damages were claimed for alleged wrongful entry. The effect of the judgment appealed from 'was substantially to dismiss Lysnar’s claims. To-day, in delivering the judgment of the acting-Chief Justice, Sir John Feed, and of himself, Air. Justice Ostler stated that Lysnar had r.o claim in tort ‘against the hank, but a claim for a breach of contract in respect to whiyh he had shown no damage, In the result the appeal failed and the judgment appealed, from was affirmed, costs being awarded ngU:nst Lysnar on the highest scale as from a distance. In a speiute judgment, Hr Justice Kennedy said the evidence satisfied him that the proper conclusion | was that it was impossible for the a.p ipellant, in the years in question and with due aljowance for the burden of interest, rents, rates and taxes, to make a financial success of iarming of the back portion alone, or of both the back and front portions of Arowhana station. The contract of May 1, 1931, which the Privy Council had held to have been broken by the hank, did not contemplate the complete cancellation of the bank’s securities, hut rather their continuation with certain variations ns to the time of the payment of tHe money secured and the remedies available. He agreed that the appeal should be dismissed with costs as the above case began before the Appeal Court of April 1.