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LARGE-SCALE LITIGATION.

APPEALS TO PRIVY COUNCIL

A RECORD NUMBER

(Special to The Star.) WELLINGTON, Dec. 4. Definite arrangements have been 'made for the hearing early next year of at least five New Zealand appeals to the Privy Council, and it is possible that two or three more actions may be taken from the Dominion to the highest court in the Empire. amount of Privy Council work from New Zealand in 1928 will constitute a record. Distributors, Ltd., and others v. the Crown, is a sequel to the action in which the appellants were charged with creating ■ a monopoly in restraint of trade, and the appeal is against a decision of three judges orf the Court of. Appeal in favour of the Grown. Mr. M. Myers (Wellington) and Mr. Gresson (Christchurch) will represent the appellants. Another interesting case which has been much in the public eye for several years is that of Lysnar v. the Gisborne Harbour Board. Mr. Justice Reed had decided in a claim by Lysnar in the Supreme Court that the Harbour Board, though not committing ah essential infringement of copy right of a plan for harbour improvement, which the plaintiff had prepared many years ago, had nevertheless made such use of t'his ..plan as ito constitute a breach of trust. The Court of Appeal reversed this decision and Mr. Lysnar (who will be represented by Mr. Myers) is appealing to the Privy Council against that decision, Morgan v. Wright, an Ashburton case, arose out of the suing by Mrs. Morgan of Wright and his co-trustees, Mrs. Morgan senir* .and the Hon. W. Nosworthy, for the purpose of setting aside a .purchase iby Wright of the trust estate which he claimed to have been entitled to purchase under 'Mi© terms of the will. Mr. Justice Reed decided substantially in favour of Wright, and when Mrs. Morgan appealed. the Court of Appeal (Sir Rbbent Stout dissenting) reversed the judgment. This is an appeal from the majority decision. Messrs Myers and Gresson will represent respondents. Bisset v. Wilkinson is an Invercargill case arising out of an action for recession of contract, on. the ground of alleged misrepresentation. Mr. Justice Sim found for Bisset, but the Court of Appeal (Mr. Justice Reed dissenting) reversed that decision. Mr. M. Myers isf .also acting in this appeal, on behalf of the appellant Bisiset. Gardner v. Te Porou was :a case removed to the Court of Appeal from the Supreme Court, regarding a lessee’s right to out timber off a Maori leasehold in the Taumarunui district. The Court of Appeal (Mr. Justice Ostler dissenting) found in favour of the plaintiff, holding that the lessee was not in the circumstances entitled to sell and remove timber. Miss Gardner (whose counsel is Mr. M. Myers) is appealing to the Privy Council against the decision.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/HAWST19251205.2.54

Bibliographic details

Hawera Star, Volume XLV, 5 December 1925, Page 9

Word Count
468

LARGE-SCALE LITIGATION. Hawera Star, Volume XLV, 5 December 1925, Page 9

LARGE-SCALE LITIGATION. Hawera Star, Volume XLV, 5 December 1925, Page 9

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