A MINING CASE IN COURT.

Otago Witness, Issue 2059, 10 August 1893, Page 13

A MINING CASE IN COURT.

(Tuesday's sitting of the Supreme Court.) LONDONDERRY SLUICING COMPANY AND ANOTHER V. DAVID MILLER. Application to dismiss a redemption suit. Mr Chapman, appearing on behalf oLdefendant, said that this suit wai commenced in March last, to redeem two properties. Both companies joined in suing. They obtained an ex parte injunction against the mortgagee. Ample time was given to them to redeem, but they did not do so, and on the 31st May Mr Justice Ward dissolved the injunction, with costs. Although plaintiffs were at that time represented they had nothing to Bay in support of their injunction. He (Mr Chapman) now aslt ed thatthesuit should bedissolved. Notice had been given to Mr Sim, who appeared for the plaintiffs on the previous occasion, that this application would be made, and Mr Sim had said that he did not intend to appear. Practically the suit had collapsed. The position was really this: These companies were known as among the Davies companies of Victoria, and they were mixed up with the Mercantile Bank. This bank was in the hands of the liquidator, and the companies were moribund or practically extinct. They had sent a man down here to inspect the properties, and they had not redeemed. His Honor gave judgment dismissing the action, with coßts, a3 if £1000 had been claimed ; costs of the order dissolving the injunction fixed at eight guineas ; leave reserved to apply for an inquiry as to damages incurred.