HALL ESTATE

New Zealand Herald, Volume 78, Issue 24103, 23 October 1941, Page 14

HALL ESTATE

APPEAL COURT HEARING ANOTHER LONG ADDRESS GUARDIAN TRUST'S ANSWERS [by tic i. kg ha ph—l'nr.ss association] W ]•'LTiIXG TON, Wednesday

The hearing of the appeal of Hall and others against the Guardian Trust and others is still continuing in the Court of Appeal, having occupied the Court continuously since September 18.

Mr. A. H. Johnstone, K.C., concluded his address for the first respondent, the Guardian Trust and Executors Company of New Zealand, Limited. this morning. He commenced this address on October 0 and took eight and a-half days of actual hearing time. In the final days of his address, Mr. Johnstone examined in detail each of the various allegations alleged by the appellants in their statement of claim, and submitted that the appellants had failed entirely to prove any wrongful act which would justify the Court in the removal of the Guardian Trust from its position as administrator. "We do not say that the administration was perfect," said Mr. .Johnstone, "as there can be no perfection in human affairs, but we do say that nothing wrongful has been proved against us. It is an extreme step to remove an administrator, and we submit that this step will not be taken unless there is clear evidence calling for it." Mr. Johnstone contended that it was extremely difficult to deal with many of the appellants' claims, which were vague and unintelligible. He also characterised them a.s extravagant and highly unwarranted. Concluding, Mr. Johnstone submitted that in as much as tho appellants had failed to establish that the banks were bound by the compromise of Is 7d in the pound, they had also failed to show that merely because of their position as residuary legatees they were entitled to commence this action.

"If wo are right in this," said Mr. Johnstone, "the appellants have not established any right to sue in this Court. Nevertheless, we have answered all charges made against us, and we submit very earnestly that no ground has been established for the removal of the Guardian Trust or Mr. Nolan from their offices." Mr. Johnstone has been followed by Mr. Hoggard, who is now addressing the Court on behalf of the Bank of New Zealand.