APPEAL DISMISSED.

Manawatu Standard, Volume LVI, Issue 200, 14 July 1936, Page 8

APPEAL DISMISSED.

THE LYSNAR CASE. Per Press Association. WELLINGTON, July 13. During the March sessions the Court of Appeal was engaged in considering the appeal of William Douglas Lysnar from the judgment of Mr Justice Blair in fixing the amount of damages to which appellant was entiled by virtue of a breach of contract by the National Bank. The bank had entered us mortgagee into the possession of Lysnar’s stock and land, known as Arowliana station, and very substantial damages were claimed for alleged wrongful entry. The effect of the judgment appealed front was substantially to dismiss Lysnar’s claims..

In delivering the judgment of actingChief Justice Reed and of himself, Mr Justice Ostler stated that Lysnar liad no claim .in tort against the bank, but a claim for breach of contract, in respect of which he had shown no damage. In the result the appeal failed and the judgment appealed from was affirmed, costs being awarded against Lysnar on the highest scale as from a distance.

In a separate judgment. Mr Justice Kennedy said the evidence satisfied him that the proper conclusion was that it was impossible for appellant, in the years in question, with due allowance for tlie burden of interest, rents, rates, and taxes, to make a financial success of the farming of the back portion alone, or of both the back and front portions of Arowliana Station. The contract of May 1, 1931 (which the Privy Council held to have been broken by the bank), did not contemplate complete cancellation of the bank’s securities, hut rather their continuation with certain variations as to the time of payment of the money secured and the remedies available. -He agreed that the appeal should he dismissed with costs as above.

The case began before the Appeal Court on April 1.