PRIVY COUNCIL APPEAL

New Zealand Times, Volume XLVI, Issue 10542, 19 March 1920, Page 5

PRIVY COUNCIL APPEAL

LAND SALE LITIGATION EXECUTION OF ’ JUDGMENT STAYED. An application for leave to take the action of Brown 'Brothers (Dr Bamford), farmers, of T© Awamutu, v. Joseph Thornes (Air A. E. Skelton and Mr Vallance), land agent, of Auckland, direct to the Privy Council instead of, in> the first instance, to the Court of Appeal, was made in the Auckland Supreme Court betoro Mr Jqstico Sim. ‘■tho case originally came before Air Justice Cooper and a jury in Auckland last year, tho plaintiffs claiming damages from the defendant for alleged misrepresentations made by an employee ot Hie defendants, which induced them to purchase a farm at Gordonton. The sum of £2488 was awarded as damages. The defendant then made application to the Full Court for a new trial, on the ground that the verdict was against the weight of evidence. The Full Court by a majority upheld the jury’s verdict, but reduced the amount by £IOO. Yesterday, on tho motion of Dr Bamford, Mr Justice Sim entered judgment for plaintiff for £2338, in accordance with the decision of tho Full Court, and also granted costs of the hearing of the motion for a new trial, amounting to £53 12s 6d. Air Vallance then moved for leave to appeal to the Privy Council direct and for a stay of proceedings. •His Honour said ho would not grant leave to appeal without consulting tho Chiiof Justice. Sir Robert Stout, and Air Justice Hosking. After hearing counsel, he made an order staying execution of tho judgment until a further ordei; of the court, and adjourned the application pending a conference of tho panties. Among other things Dr . Bamford said that sown provision should he mad© to enable the plaintiffs to b.ivp their ease defended before the Privy Council.