COURT OF APPEAL.

New Zealand Herald, Volume XXXVI, Issue 11058, 9 May 1899, Page 5

COURT OF APPEAL.

[BY TELEGRAPH".— PIIES3 ASSOCIATION.] Wellington, Monday. A motion to vary iho decision of tho Court ns to costs in re the Now Zealand Pine Company ro Guthrie was argued in tho Court of Appeal this morning before the Chief Justice and Judges Dennwton ami Conolly. Mr 11. D. 801 l (for Mr. Guthrie) appeared in support of the motion, Mr. Woodhouso opposing. Tim Court, at its last Bitting, allowed an appeal by Guthrie against the decision of Judge Pcnnofathor placing him on tho list of conlrihulories, but did not allow him costs of appeal, intimating that it appeared possible tho case was insufficiently stated, and the liquidator would be allowed an opportunity of bringing the matter forward again on furthoi facts. Tho liquidator lias since decided to make no further application. Tho application now made is that Guthrie bo allowed costs of appeal on tho ground that the caso stated contained all the material obtainable, and, in any case, it was agreed upon by both parties, and both parties wero equally in fault if at all. The Court, however, adhered to the decision come to at its last sittings, and dismissed the motion, with costs £7 7s. Two motions with roferenco to costs in tho caso of Ecclcs and others v. Mills and others eamo boforo the Court of Appeal to-day. The caso was one in which tho decisions of tho Supreme Court and the Court of Appeal wore reversed last year by tho Privy Council, in consoquonco of which certain questions of costs now requiro dealing with. One motion was by Eccles' trustees, to havo the costs to which they wero entitled under tho judgment of tho Privy Council fixed by tho Court of Appeal. The Court referred the itoms to the Registrar of the Supremo Court for taxation, with directions as to tho principle on which to proceed. Tho prinoipal amount involved was tho costs of Eccles' trustees hr tho Supremo Court, as to whioh the Court direotcd that thoy should be taxed on a scale applicable to a olaim for £2507 10s Bd. The second motion related to the costs of tho trustees of tho will of J, 0. Jones, as to which the Court ordered that it should bo taxed on tho items shown in the affidavit of Mr. Sinclair filed in support, and on tho principles laid down by the Court on the former motion. Mr. Chapman appeared for both sots of trustees, and Mr. Woodhouse for the residuary legatees. The caso of Staples and Co. v. Corby was thon partly argued. The plaintiff company aro brewers carrying on business in Wellington, and defendant the lessee and licensee of the Princo of Wales Hotel, Wellington. Defendant is the assignee of a lease from one Benjamin Cohen with tho right of purchase. Cohen purchased the premises from the plaintiff company, and covenanted with the company that neither he nor his oxeoutors, administrators, or assigns would soil any but the plaintiff oompany's colonial ale or stout on tho premises. Defendant has exeroised the right of purchase under the loaso from Cohen, but the conveyance has not yet been executed, owing to the dispute as to whether it should be expressed to bo subject to the restrictive covenant contained in the conveyance to Cohen. Defendant has sold colonial ale other than the plaintiff company's on the premises, and tho company in the present action seeks an injunction to restrain him from doing so. A special case was stated and removed into the Court of Appeal to dotermino the questions whether the covenant was one running with the land, and, if not, whether fdefendant, was nevortholess bound, and can be restrained. " Sir R. Stout md Messrs H. D. 801 l and Skcrrett ate appearing i for the plaintiff company and Messrs. Morison and Young ; for, the defendant '■■■ Tho "claim is> being argued before Judges Williams, Denniston, Conolly, and Edwards,, ■■_ j _^^^,^