DISPUTE OVER LAND

New Zealand Herald, Volume LXX, Issue 21618, 10 October 1933, Page 12

DISPUTE OVER LAND

FORMATION OF NEW' ROAD COUNTY COUNCIL'S CLAIM The hearing was concluded in the Supreme Court yesterday of an action brought by the Bay of Islands County Council (Mr. Butler) against Winifred Mona Hills (Mr. Turner) for the purpose of obtaining an injunction to restrain the Supreme Court, sitting as a Compensation Court at Whangarei, from hearing a claim for compensation for certain land taken by the council for a road. It was alleged by the plaintiff council that in November, 1930, defendant entered into a written agreement, whereby she undertook to give certain Jand for a road free of- compensation. This agreement set out the numbers of the sections of land through which the -proposed road would pass, but when constructed the road passed through two sections not mentioned in the agreement. However, the plaintiff council contended defendant was still bound by the agreement, as it was alleged she understood throughout the course the road was to take. This was denied by defendant, who claimed that the road formed was totally different from the one agreed to. In delivering judgment, Mr. Justice Herdman said that in order to succeed the plaintiff council had to establish mutual mistake. It was not sufficient to show that the council was under a misupprehension. It had to be shown that defendant also made a mistake, and as this had not been shown to His Honor's satisfaction r.n injunction would not be granted. The motion was dismissed with costs ugainst the plaintiff council.