COURT OF APPEAL

New Zealand Times, Volume XLVII, Issue 10956, 19 July 1921, Page 7

COURT OF APPEAL

MILL LANJJS CONTRACT. rights to crown lands. The Court of Appeal delivered a ferity judgment yesterday an the case of the Waim.i'hia Sawmilling Company, Ltd (in liquidation), appellants. and Thomas Georg© Cook Howe, respondentBy agreement, dated December 23rd» 1916, respondents agreed to ©ell to £be appellant company all milla/ble, Jtimfoer then growing on land in the vicinity Of the Ongarue river. Provision was made that respondent Should secure i-ights-of-way for the construe tcion of roads or tramways for the carriage of tho timber. This waa carried out in respect of the native lands, but not of the Crown lands in the vicinity, and. the company erected a mill, railway sidings and tramlines. The mill • continued working from July, 1918, to July, 1919, when respondents determined the agreement. The company brought action, alleging that the determination of the agreement was unlawful as it had not committed any 'breach of the terms. Mr Justice Sim held that the company, by erecting the mill without waiting tor respondent's securing rights-of-way had waived that obligation. He held that tie company had not. in any. way been nreiudicially affected in^-carrying on its business for want of the way-leave dyer the Crown lands. From that decision the present appeal was brought. Mr Justice Hoekinjr said that Justices Kerdrnan and himself had arrived at the seme decision by. different route©. The judgment of the oouirt would be, therefore, that the appeal should be allowed. Mir Justice Stringer said he had the misfortune to disagree with the judgment, and held that tho ‘appeal should be dismissed. .