A PALMERSTON CASE.

Manawatu Standard, Volume XLI, Issue 8541, 23 March 1908, Page 6

A PALMERSTON CASE.

In the Supreme Court, Wellington, on Saturday, his Honor Mr Justice Chapman delivered judgment in the action brought by R. H. Fisher against Dwan Msros. for a sum of money claimed under an agreement, but in effect for specific performance of the agreement, which was one for the purchase of land of Mr Fisher's at Terrace End. Messrs Dwan Bros, wanted the land for sub-division, but after the agreement was made it was discovered that a by-law existed which was unknown to both parties at the time of the sale, which the Borough authorities thought prevented the land being subdivided as proposed. The land could only be subdivided by means of a blind street. It was contended for Mr Fisher at the trial that the by-law only applied to "private streets " as denned in the Municipal Corporations Act, and not to the case of a street which the owner of land was compelled by the Public Works Act, 1905, to dedicate and form when subdividing the land. It was further contended that if the by-law was intended to apply to '■ the latter case, it was iiltra vires and invalid. His Honor did not think it necessary to expressly decide on the question of the validity of the by-law, but he upheld the first . contention above stated, namely, that the by-law does not apply to the case of a street dedicated to the public on subdivision. He accordingly decided the action in favor of the plaintiff.