GISBORNE HARBOUR PLAN

New Zealand Herald, Volume LX, Issue 18459, 24 July 1923, Page 9

GISBORNE HARBOUR PLAN

BOARD'S APPEAL SUCCEEDS. LYSNAR'S IDEA NOT NOVEL.. ; Tbt telegraph, —press ASSOCIATION.} WELLINGTON. Monday The Court .of Appeal • gave judgment this morning in' Gisborne Harbour Board v. F. J. Lysnar. an appeal from the judgment of Mr. Justice Reed restraining the board from publishing, or printing copies' cf a plan descriptive of Mr. Lysnar's scheme for providing a .harbour for Gisborne. • ■/:' ' * * " , ' .The = appeal . was allowed with costs on the highest scale as on a case from a distance. The Chief Justice, ■ in: the course of hi 3 judgment, said that Mr. Reynolds' plan, which:.was used by the board, was quite distinct : from Mr. Lysnar's plan. Mr. Lysnar's plain, moreover, was not a novel one. . v The idea of diversion of the Turangauui River 'to the westward was riot -novel Mr. ' Reynolds < had 5 bald 'this idea, as- shown in the plan of 1892. Mr. liysnar had himself, said the Chief Justice, published his scheme in a. newspaper, and theboard * was, therefore, ' entitled ' to make use of it. Mr. Justice Sim concurred " with • the. f Chief Justice. Mr. Lysnar's" "plan possessed > little, if any, originality. Mr. • Justice Hosking and Mr. Justice Stringer agreed that the appeal should be avowed. ;

BOARD READY TO PROCEED. GROUND CLEAR FOR ACTION. [BY TELEGRAPH.' CORRESPONDENT.J • . OISBORNE. Monday. ! -Dealing t with the i decision of the Appeal Court in the Gisborne Harbour case, the - chairman Of . the • board ,• Mr. George Smith, : expressed satisfaction ' with the judgment. "The ground," he said, 'is now clear for action, and there is no cauje for any further delay. There has rtbt been any . actual delay as far as preparations are concerned, for the engineer, Mr Reynolds, is now practically ready with his plans of the scheme which he will recommend the board to adopt.