WAIMIHA APPEAL

New Zealand Times, Volume XLIX, Issue 11177, 5 April 1922, Page 5

WAIMIHA APPEAL

ALLOWED WITH COSTS. JUDGMENT OF SUPREME COURT UPSET. Judgment was orally pronounced by the Court of Appeal yesterday m the appeal of the Waione Timber Company, Limited, of. Martoh, against the judgment, of Mr Justice Herdman, in tlieir suit with the Waimiha Sawmilling Company, Limited (in liquidation), of Auckland, who were the plaintiffs in the action. In a case stated for His Honour by the parties, lie was asked to decide whether, assuming the facts to be correctly set out, plaintiff was entitled by law to possession of certain land, and to enter upon the land and exercise rights conferred by an agreement dated December 23rd, 1916, by which Thomas George Cook Howe, farmer', granted plaintiff a right to out timber and construct tramways on the land referred to.

The judgment of tlie court was as follows:—“In view of the admissions made by the parties, the judgment of Mr Justice Herdman cannot, 'be supported. The appeal is allowed, with costs on the highest scale, as in a case from a distance. The parties will then he at liberty to. go to trial on the issues raised by' the proceedings as if n.o issue at law had been stated by tlie parties.” Mr Myers and Mr Stanton ayppeared for the appellant; Mr Skerrett, K.C., and Mr Anderson appeared for the respondents.