A MARATHON ADDRESS

Otago Daily Times, Issue 24737, 14 October 1941, Page 10

A MARATHON ADDRESS

FIFTEEN COURT DAYS COUNSEL IN ESTATE CASE (P.A.) WELLINGTON, Oct. 13. Late on Thursday afternoon, Mr W. D. Lysnar concluded his address in the Court of Appeal for the appellants in the case of F. T. Hall and others against the Guardian Trust and Executors Company of New Zealand, Ltd., the Bank of New Zealand, the Union Bank of Australia. Ltd.. and others. He commenced his address on Thursday. September 18, and the whole of the intervening period, comprising 15 court days, was occupied by that address. During the last five days of his address Mr Lysnar attacked from various angles the administration by the Guardian Trust of the estate of the deceased. Frederick Hall, and the dealings between that company and the two banks. Case for the Appellants His main submissions to the court were: — J 1. That'the sales by the Guardian Trust, as administrator hi all assets other than those under mortgage to the banks or some other mortgagee were illegal and that those sales should be set aside. In particular, he contended that this applied to the sales of the Regent Theatre. Gladstone. Ltd. and Willows Farm. 2. That in any event the court snould institute an inauiry into these sales as they had not been effected by public auction or by public tender before sale, as. he submitted, was required by the Administration Act. 1908. 3. That the two banks' should be ordered to render full accounts to the court on the basis of their being mortgagees in possession of the assets which they had taken over. 4. That judgment in a certain action by the administrator against F. T. Hall, one of the plaintiffs, given by the Supreme Court, and a settlement arrived at in another action against C. E. Hall, should be set aside and mortgages given and transfers of properties made to the banks by these plaintiffs pursuant to that judgment and settlement should also be set aside. At the conclusion of Mr Lysnar's address, Mr A. H. Johnstone, K.C., commenced to address for the GuardianTrust. "It is," said Mr Johnstone, "with feelings almost of relief that I rise to address the court. My friend for the appellants has addressed the court for 15 days, and we have listened. It now falls to me to show that his protracted effort was in vain." Improper Remarks Alleged

Continuing, Mr Johnstone said v that all the respondents were indebted to Mr Justice Callan for the complete and lifcid judgment which he had given /in the Supreme Court. That judge's task had not been an easy one. The statement of claim on which the appellants eventually went to trial in the Supreme Court was lengthy and confused, and the appellants had made many submissions not included in their statement of claim. The appellants, too, had frequently shifted their ground, and the case in the lower court had developed almost into a commission of inquiry. Mr Justice Callan had succeeded in bringing order out of chaos. Mr Johnstone contended that Mr Lysnar had stated ungenerously earlier in the present hearing that Mr Justice Callan had avoided dealing with the main facts, that his judgment was mainly an apology for the acts' of the respondents, and that Mr Justice Callan was not entitled to use his ingenuity in the processes of the court to find for the respondents. Mr Johnstone said that such remarks on Mr Lysnar's part were most improper. "He who brought these baseless and reckless charges against our clients did not hesitate to charge the judge with improper conduct," he said. Mr Johnstone is at present giving an historical review of Hall's affairs since 1919, showing that for many years before his death, the testator's estate had become financially involved.' I " ======