COURT OF APPEAL.

Lyttelton Times, Volume CXXIII, Issue 15920, 4 May 1912, Page 3

COURT OF APPEAL.

PITCAITHLY v. M’LEAN. ;£Pib Prkss Association.]

WELLINGTON; May 3. The Appeal Court delivered its reserved judgment this morning in Pitcaithly v. M’Lean, an appeal from the decision of Sir Robert Stout in an action arising out of a sub-contract for the supply of shingle, etc., for Wellington dock. Tire Court dismissed the appeal, upholding the- decision of Sir Robert Stout that the appellants had no right to damages, owing to no shingle having been ordered by the respondents. Mr Justice Williams dissented. Costs were allowed on th 9 highest scale. Conditional leave to appeal to the Privy Council was granted. Reserved judgment was also delivered in the Crown cases of Rex v Russell and Campbell and Rex v. O’Shaughnessy. The Court unanimously affirmed the convictions, holding that the evidence admitted under protest was admissible.

Tn the judgment in the cases Kauri Timber Company v. the Commissioner of Taxes and Tauno Totara Timber Company v. same, the Court held that the money expended on the purchase of timber lands was expenditure of capital. Companies were not entitled to deduct from their profits as. assessed for income tax the value of standing timber cut by them. Conditional leave to appeal to the Privy Council was granted in each case. Reserved judgment was delivered in the case Marconi Wireless Telegraph Company v. the King. The majority of the Court (Mr Justice Williams, Mr Justice Penniston. Mr Justice Edwards and Mr Justice Chapman). Sir Robert Stout dissenting, held (1) that the petition disclosed a cause of action in respect to the present user only, and not in respect to a threatened user under the contract with Australasian Wireless, Limited: (2) that the Court on a petition of right had the right to try the yaliditv of a patent, and also the question of user: (3) that the Court could not give the relief claimed, but could make a declaratory decree as to user and right to have the compensation assessed under Section 31-2 of the New Zealand Patents, Designs and Trade Marks Act, 1903. each party to pay its own costs.