APPEAL ALLOWED.

Hawera Star, Volume XLV, 1 August 1925, Page 6

APPEAL ALLOWED.

CANTERBURY TRUSTEE CASE. (BY. TELISGBATH. FIIESS ASSOCIATION.) WELLINGTON, Aug. 1. Mr Justice Maegregor, in allowing the appeal in the - Canterbury trustee case Aiorgan v. Wright, stated that the 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 the duties of trustees, and must abide by the consequences arising in law from their conduct. The court could only conclude that Douglas Wright, who was present at court during the trial actively instructing counsel, had. no reasonable explanation to offer of his conduct, as he did not venture to go into the witness box. The Hon. W. Nosworthy’e evidence was far from convincing. He did not appear anxious to help the court in arriving at the facts in issue. Air Justice Herdman and Air Justice Alpers concurred, while Air Justice Sim held that the judgment of the Supreme Court should be varied by a declaration that Douglas Wright was not entitled to purchase Surrey Hills or Windermere, and was liable to account for all profits made, and that accounts should he taken. The Chief Justice (Sir Robert Stout), in dissenting, held that the appeal should he dismissed on the ground that there had been a delay of 16 years in bringing the action, and that it would be inequitable to Douglas Wright to give up the properties on account for profits from resales. Conditional leave to appeal to the Judicial Committee of the Privy Council was granted on security of £SOO.