APPEAL COURT

Nelson Evening Mail, Volume LVI, 13 July 1925, Page 4

APPEAL COURT

DR. MACKENZIE'S APPEAL DISMISSED (Spited Preps Association.) WELLINGTON, This Day In the Appeal Court, in the Duiulns Mackenzie case. Sir-K. Stout stated this moraine that since hearing Mr Myers on Fndav the Court had had an opportunity ot considering the evidence and thought it unnecessary to hear counsel for respondent, and that the judgment of the court below should not he disturbed. The appeal wag therefore dismissed with cosLi on the highest scale. The Court of Appeal is hearing an appeal by the Palmerston North Borough Council against the decision of Mr Justice Reed. James John Casey being the respondent submitted under section 335 of the Municipal Corporations Act 1920 a plan of a subdivision of land prepared by a licensed surveyor, showing allotments and a proposed street. Permission was • ranted in accordance with .existing conditions relating to the construction of private streets. Ihe street was. then formed and metalled as specified. but when the instrument of dedication was f’en warded to the Council for execution that body demanded that B4tis he deposited fo rtarring and sand ing the. road. Respondent objected to the Mm. eventually paying it under protest, then bringing an action against the Council for the recovery of the amount so naid. The judge decided that respondent was entitled to a refund. anil this finding is now appealed against.