SHOW GROUNDS SALE

New Zealand Herald, Volume LXXI, Issue 21758, 24 March 1934, Page 13

SHOW GROUNDS SALE

WHANGAREI ACTION CONVEYANCE DEED VALIDITY Reserved judgment was delivered by Mr. Justice Ostler in the Supreme Court yesterday in a case brought by the Whangarei Borough Council (Mr. Stanton) against the Whangarei Agricultural and Pastoral Society (Mr. Richmond), for the determination of certain questions of law as to the operation and effect of certain restrictions and conditions in the conveyance of land in Whangarei from defendant •to plaintiff. His Honor said defendant society was the own§r of a piece of land in the borough of Whangarei, containing some 51 acres, which was used as a show ground. It entered into an agreement to sell this land to plaintiff council for the purpose of a public recreation ground or park, and by deed of co £ 1 " veyance, dated August 16, 1919, the land was conveyed to plaintiff in consideration of the sum of £2500 and certain restrictions and conditions.

By a further deed of conveyance, dated April 12, 1924, the former conveyance was expressed to be confirmed. Plaintiff then made an 'application to have the land brought under the Land Transfer Act, but the district land registrar refused to issue a certificate of title under- that Act, upon the ground that defendant had no power to sell the land. The sale was accordingly validated by section 34 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act, 1924, and a certificate of title was subsequently issued. A dispute had now amen between the parties as to the validity and effect of the reserved rights in the first deed of conveyance. After reviewing legal aspects of the case, His Honor said that, in his opinion, the conditions and restrictions had been. validated by the Legislature. The rest of the questions raised created little difficulty, as counsel were practically agreed upon the answers. As defendant had succeeded on the main question plaintiff must pay its costs. £lO 10s. .