TIMBER RIGHTS

Southland Times, Issue 19277, 23 June 1924, Page 6

TIMBER RIGHTS

WEST COAST CASE. TO BE CONSIDERED BY FULL COURT. A matter which was said to be of great importance to West Coast sawmillers was raised at the Supreme Court in Christchurch on Thursday before Mr Justice Sim, when Mr Murdoch, of Hokitika, applied on behalf of Malfroy and Company, Lid., to have a case in which the Crown appealed against the Warden’s amendment of a sawmilling license grant argued before the Court of Appeal. Mr Donnelly appeared for the Crown. It was stated that Malfroy and Company obtained a license for sawmilling, which entitled it to cut timber on certain lands at a royalty of 6d a 100 superficial feet. It also had certain lands reserved for future cutting operations, these bring held under certificates of reservation of timber area. After the grant of the reservations, the minimum royalty payable was increased to 9d on white pine and Is on red. The terms on which the reservations were held were that, upon the lands in the license for sawmilling being cut out, Malfroy and Company could obtain the lands specified in the certificate of reservation. The respondent applied for the license affecting those lands in the certificates of reservation, but the new license embodied the new schedule of royalty. The grounds for Mr Murdoch’s application were:—(l) That the questions involved in the appeal were of great importance, not only to the parties to the appeal, but also to the majority of the sawmillers engaged in the industry in Westland, Grey, Inangahua and Buller; (2) That the amounts involved in the appeal directly or indirectly amounted to over £200,000; (3) That the questions involved in the appeal were difficult questions of law; (4) 'Diat if the appeal is argued in the Supreme Court, the unsuccessful party would certainly appeal to the Court of Appeal. Mr Murdoch said that Malfroy and Company moved the Warden to amend the license to the sawmill grant. There was no objection to this, and the amendment was made accordingly under section 190, of the Mining Act. Alter this the Crown made an appeal against the amendment. The case was one of great importance to the millers on the West Coast, and it involved a large sum of money. His Honour: If there is any doubt about the matter it should be argued before the Full Court.

Mr Donnelly said that it was desired by the Crown that the matter should be heard by a Judge alone. It often happened that a good decision made an appeal unnecessary. His Honour: I think the matter had better be argued before the Full Court. An order was made removing the case to Wellington, where it will be heard by the Full Court at the next sitting of the Court of Appeal.