WEST COAST LEASE

Hawera Star, Volume XLV, 13 October 1925, Page 9

WEST COAST LEASE

A TARANAKI CASE.

BEFORE FULL COURT,' LEGAL ARGUMENT HEARD, (BY TELEGRAPH. l-UESS ASSOCIATION.) WELLINGTON, Oct. 13. The Full Court, consisting of Sir Robert Stout, Chief Justice, and Judges Ostler land Alpers, was engaged this morning in. hearing legal arguments in a Taranaki case removed here for argument. The plaintiff is the Native Trustee and the defendant James Young. Thjfc hearing took place in May and June last, judgment on the facts being given ,about a fortnight ago. The claim is for £1602 7s fid damages for alleged breach of covenants in the lease of farm lands from the plaintiff to the defendant. The lease was granted under the “West Coast Settlement Reserves Act, 1913.” The term ended in June, 1924, and on expiry the value of the improvements (£1425) was handed to defendants as compensation.

The (plaintiff’s claim is for failure to repair and cultivate, but the defendant denies the breaches and states that if any, they were waived or alternatively taken into account when compensation was fixed.

Counsel agreed that if the Full Court finds that the plaintiff was entitled to damages, the assessment of the amount must be referred to the arbitrators. This case is one of four similar cases awaiting trial. Mr. Myers, K. 0., and Mr. Smith appeared for the plaintiff and Mr. Skerritt. K.C.. and Mr. Moss for the defendant. The case is proceeding.