CLAIM FOR RATES.

New Zealand Herald, Volume LXI, Issue 18891, 13 December 1924, Page 13

CLAIM FOR RATES.

TIMBER COMPANY SUED.

SUPREME COURT DECISION.

A written judgment was delivered by Mr. Justice Hordman on Thursday at Hamilton ic, a claim by the Taumarunui County Council (Mr. Finlay) against the Tongariro Timber Company, Ltd. (Mr. D. S. Smith), for rates. The plaintiffs sought to recover £631 5s Bd, or, alternatively, £573 7s 9d, with tho additional charge of 10 per cent, for rates remaining unpaid after six months 14 days. Tho rates were claimed in respect of certain native lands. His Honor said that after hearing argument and having perused the deed upon which the company took its stand, it seemed impossible to hold otherwise than that the company's liability for rates was limited to the land shown in the plan in green and yellow colours. In th3t view, Mr. Finlay, after discussion, had concurred, but had suggested that the Valuer-General had no authority to ueparate the grc«n and yellow areas from the rest of the block of land in the , first schedule. The plain answer to that | contention appeared to His Honor to be | that the company was only liable to be j rated in respect of land over which it had a license to fell and remove Umber from such land, and that over lands | in the block, other than the lands deJ noted by the green and yellow colours, it had no such license. His Honor ordered the case to stand over for further consideration, tho parties having agreed to settle the amount for which plaintiff council was entitled to judgment. ;ihc parties would nay their own costs.