SUPREME COURT JUDGMENTS.

New Zealand Times, Volume LVIX, Issue 3004, 16 December 1896, Page 1

SUPREME COURT JUDGMENTS.

BUILDING REGULATIONS. Mr Justice Edwards delivered judgment yesterday morning in the appeal case of Flavall v. the Land and Loan Corporation, in which a question had boon raised whether a local authority could object to any building on the grounds that it did not comply with a by-law that the walls should be constructed of brick after having approved of the plans of the building, which made no such provision. His Honor ruled that as tho borough inspector had certified to tho plans before the commencement of the building, tho Corporation could not now object, and, further, that any by-law which provided otherwise was unreasonable. The appeal was dismissed with costa £7 7s. Mr Bell appeared tor the respondent, and Mr Young for tho appellants. DAIRY UNION V. BIRCH. His Honor also delivered judgment in the case heard last week, in which tho New Zealand Farmers* Dairy Union ap pealed against a decision given by Mr WardoU, the Stipendiary Magistrate, who nonsuited tho company on a claim for payment of allotments made by tho plaintiff company on calls on shares, with interest, on the ground that notice of allotment had not been sent to respondent, and that tho contract, if any, required to be stamped. Mr Justice Edwards held that the notice of call was notice of allotment, but, in any case, the matter appeared to bo removed from all doubt by the circular sent out, which informed tho respondent in plain terms that ho had been registered as a shaieholder in respect of tho shares applied for by him. Ho had novur raised any objection, nor had ho attempted to repudiate the contract until considerably more than a year afterwards, when the action was begun in the Lower Court. Tho objection regarding the stamping of the contract must also fail, ns tho subject matter of tho agreement did not exceed .£2O, and was therefore not liable to duty. Ho therefore allowed tho appeal, with .£7 7s costs, and ordered judgment to be entered for tho appellant company in tho Magistrate’s Court for tho amount claimed, £0 ISs 2d, with costs to be fixed by tho Magistrate,