COURT OF APPEAL.

New Zealand Herald, Volume XXXVI, Issue 11059, 10 May 1899, Page 5

COURT OF APPEAL.

[BY TELEGRAPH.PRESS ASSOCIATION.] Wellington, Tuesday. The argument of Sii R. Stout for tho plaintiff company in the case Staples and Go. v. Corby concluded shortly after the opening of the Court this morning, and Mr. Bell then addressed the Court on tho samo side. Mr. Bell laid down the following propositions, which, ho contended, wore established by authority:(l) That the principle in equity is that the assignee of a property with notice j of a restrictive covenant, will be restrained from tho use of tho property, bo as to contravene that covenant; (2) that in the application of the principle tliero is no distinction between land and any other kid of property; (3) that it is not necessary that a covenant should bo one which in law runs with tho land; (4) that the covenant now in quostbn does' run with the land; (5) that the covenant is restrictive; (6) that the doctrine that some estate in tho covenantee is necessary to support a covenant liiu boeu overruled ■ (7) that the common law doctrine Inat the burden of the covenant does not run against an assignee or a grantee does no. apply in equity in the caso of a restrictive covenant. Mr. Morrison, for the defendant, submitted that the purchaser of a fee simple, with notice of restriction, is bound only if the covenant is a negative covenant, if it.is s covenant to abstain from tho use of the land of the covenantee in a particular way, and if it is entered into for the benefit of some definite property which, at the time the covenant is sought to be enforced, is owned by per--ons claiming the benefit of the covenant. Counsel further submitted that tho covenant sought to be enforced in tho present case is not a covenant to abstain from using the land i«; a particular way within tho moaning of th" ratthorities. It is also contended for the defendant that tho issue of an injunction is discretionary, and that the Court should not, in view of the provisions of the Alcoholic Liquor Sales Control Act, issua a writ in the present case. Mr. Morrison was addressing the Court at the adjournment.