SALE OF FARM

Hauraki Plains Gazette, Volume 52, Issue 3250, 9 April 1943, Page 4

SALE OF FARM

ALIEN REGULATIONS

PLAINS FARMER’S CLAIM

PROPERTY AT MATATOKI

Whether the contract for the purchase of a farm early last year was completed before or after the Aliens Land Purchase Regulations, 1942, became effective was a main point at issue in proceedings heard in Auckland by Mt Justice Callan on day. The action was brought by Dalmation, ‘Paul Piacun, farmer, of Ngatea (Mr Haigh and Mr A. K. Turner), who claimed specific performance and damages against Cecil Burlace Anderson and Sophia Edith Anderson, farmers, of Milford (Mr Garland). A subsequent purchaser of the farm, Alan Geoffrey Stone, farmer, of Matatoki (Mr Henry), was also joined as a defendant. The land was a farm of 95 aerds at Matatoki, which, with livestock’ and chattels, the plaintiff claimed to have bought from the first defendants for £4lBl. He said the deed of transfer was executed before March 27, 1942. On July 10 the defendants repudiated the agreement, stating that the Minister of Justice, under the Aliens Land Purchase Regulations, 1942, had refused consent for the plaintiff to buy the land. The plaintiff claimed that the transactionhad been completed before the regulations came into force. He asked for specific performance of the agreement to transfer the land, for £B3 maize that the defendants had harvested' and or £l5O- general damages. If specific performance could- not be given him, he asked for £soo’ damages.

Mr Haigh said that Piacun had bought the farm from Anderson as -a going concern at £44 an acre on February 24, 1942. Piacun received the transfer and a second mortgage from solicitors on March 23.

His Honor: At midnight of. March, 26-27 was there any document designed to give effect to the contract that was not yet filed?

Mr Haigh said that there was, but ‘ all the necessary documents had been signed before March 27. The actual settlement had not taken place. The Minister of Justice first refused his. consent to the transfer going through on June 10. On August 6 a cavtot was placed on the title. ~ His Honor reserved his -decision.