AN INVOLVED CASE

Otago Daily Times, Issue 23687, 20 December 1938, Page 18

AN INVOLVED CASE

LEGAL INTERPRETATION SOUGHT SUPREME COURT JUDGMENT Mr Justice Kennedy has given judgment in the action in which Burrow? Stokes Irwin proceeded against the Perpetual Trustees Estate and Agency Company, Ltd., claiming the sum of £ll 18s 4d, interest received by the defendant from a mortgagor. The action was brought by the plaintiff, as a trustee, against the defendant company, also in its capacity as a trustee, in order to obtain a judicial pronouncement in regard tc the amount owing in connection with two sale and purchase agreements, one between the plaintiff and A. W Douglass, and the other between the defendant and Douglass. Concluding a lengthy discussion of the legal issues involved, his Honor said that the plaintiff was entitled to the sum claimed. The judgment concluded. "The position, however, is one which is not of the seeking of either party, and, while there was a discussion as to the costs, I think, as there had to be a decision, and as neither party was really responsible for the impasse, and ;s both co-operated in getting a necessary decision, and equally agreed to abide by it, costs should not be provided for, but each party should be left to pay its own costs." At' the hearing at the Supreme Court Mr I. B. Stevenson appeared for Mr Irwin, and Mr A. C. Stephens for the Perpetual Trustees Company.