JUDGE’S DECISION IN BIG LAND DEAL.

Star (Christchurch), Issue 17906, 23 July 1926, Page 5

JUDGE’S DECISION IN BIG LAND DEAL.

TOTAL COSTS OF CASE AMOUNT TO £2OOO. Per Press Association. DUNEDIN, July 23. In the Supreme Court Air Justice Sim gave judgment in an action, Sydney Shale versus James Samson, a claim for a rescission of contract in connection with the exchange of farm properties on account of false representations, or in the alternative £16,000 damages. Defendant also alleged fraudulent representations and sought £13,200 as damages, but the counterclaim wa.s dropped. The judge said the exchange was arranged through the agency of Herbert Henry Cook, who declined to attend as a witness at the hearing in Dunedin, and had his evidence taken in Christchurch. Each side accused Cook of giving untrue evidence, both stating that he was a gentleman on whose word little reliance could be placed. The judge pointed out that there was considerable conflict of evidence and said the case largely resolved itself into a question of the credibility

of plaintiff and his brothers. They gave evidence in an unsatisfactory manner. answering questions with hesitation and reluctance, and creating the impression that their chief anxiety was to avoid admissions that might hurt their case. The plaintiff could not have relied on the statements in contract but acted on his own observation and judgment. After plaintiff had visited the Awarua property and come to the conclusion that he had been deceived, probably the best thing he could have done would have been to get out of the transaction, and travelled to Awarua again, not really to satisfy himself as to his position, but to get evidence to justify a rescission. The judge was satisfied plaintiff knew before entering into the contract that the statements complained of were untrue. The result was that plaintiff failed to prove his case. Judgment was given for defendant on the claim and for plaintiff on the counter claim. The judge exercised the discretion of the court under the code of civil procedure in ordering each party to pay their own costs.

The case lasted over a week and the total costs are about £2OOO.