COURT OF APPEAL.

Timaru Herald, Volume LXII, Issue 2864, 15 November 1898, Page 3

COURT OF APPEAL.

Per Press Association. WELLINGTON, November 14. The Appeal Court unanimously allowed the appeal m the case of Guthrie v. the Liquidator of the New Zealand Pine Company (Ld.). The Court held on the facts as stated m the case that there had not only been an agreement as a set-off of the debt by the Pine Company to Guthrie and Co., against calls, but that the set-off had actually been carried out and the calls on shares m the name of Guthrie must therefore be held to be paid. It appearing tljat facts had been stated m the Court below daring the argument which were not stated m the case before the Cour'- of Appeal, the Court, m allowing the appeal and dismissing the application of the liquidator to place Guthrie on the list of contributors, intimated that application might be renewed on ; further facts if the liquidator desired No costs were allowed. : In the case .Auckland Education ! Board v. Haselden, the majority of the Court were of opinion that both on the grounds of possible bias and pecuniary interest the Education Board had the right to object to the president of the Auckland Branch of the Educational Institute acting as one of the board to deal with the appeal of Miss Haselden under the Public School Teachers Incorporation and Court of Appeal Act. Mr Justice Pennefather dissented, holding that the Court of Appeal under that Act should be considered as a Board of Arbitration rather than a Court strictly so called, and the Act contemplated such an appointment as that objected to. The Court ordered a writ of prohibition to issue but made no order as to costs. The Chief Justice expressed the opinion that the objection would apply equally to any member of the Institute and he thought also to any teacher m the employment of the Education Board.

In Allardyce v. Turner a motion for leave to appeal to the Privy Council was die nias^d by consent. The Court adjourned to December 12th.