EREWHON TO BE SOLD BY AUCTION.

Star (Christchurch), Issue 18450, 28 April 1928, Page 2

EREWHON TO BE SOLD BY AUCTION.

ANOTHER PHASE OF WRIGHT-MORGAN CASE

Another phase of the Wright-Morgan case was completed to-day, when a judgment was given by Mr Justice Adams.

The judgment of the Court was that Erewhon Station and stock be sold by public auction at the earliest possible date after May 30, 1928, the bank to conduct the sale, provided, however, that if before noon on May 28 Douglas George Wright has completed his purchase of the Erewhon Station and stock as made at the mortgagees’ sale on April 22, 1927, the sale shall be cancelled. In the event of Douglas George. Wright completing the purchase he would be entitled to all receipts from the property as from April 22, 1927. and pay to the Bank of New Zealand, in addition to the purchase monev. £7470.

There was no doubt, said his Honor, in giving judgment, that it was eminently desirable to expedite an early settlement of the matters, still in dispute. He would have been glad had it been possible for the parties to reach unanimity, aiid with that object in view he had put counsel to the trouble of two conferences. That, unfortunately, had not been fully attained, but substantially sufficient had been •achieved to justify what had been done in that direction. The objections of Douglas Wright, speaking generally, looked to be in the direction of delay, of which the Court could not approve. An order of the Court would be made in exercise of the general jurisdiction given it where matters of trust came before it and where it was obviously necessary f.or the Court to act definitely and make some order to disentangle the affairs of the parties, as they had unfortunately not been able to agree among themselves.

Dealing with the contract for the sale of Erewhon property, his Honor said that it was not what it seemed, and it did not confer on the parties the rights of vendor and purchaser respectively. So far as the exercising of the power of sale under the mortgage went, the order of the Court overrode the order of the mortgage. He then made an order as desired by the parties, stating that the objections of Mrs Morgan and children ought not' to be regarded.

Sir John Findlay said that counsel had met and had submitted a draft agreement, to all parties, which was approved by all parties except D. G. Wright and Mr Wilding, on behalf of Mrs Morgan and children. The new clause in the agreement was signed by counsel representing the Bank of New Zealand, the trustees, Mrs Roberts and Mrs Wright. The Bank of New Zealand was the plaintiff, and defendants were Douglas George Wright, farmer, of Ashburton; William Nosworthy, Minister of the Crown; and Harriet Myra Wright, widow, of Sumner, trustees in the estate of the late Edward George Wright: and Lilian Kate Nosworthy, of Wellington: Eva Ethel Roberts, of Christchurch; Florence Jenny Mvra Morgan, married woman, of Mount Somers; Florence Barbara Morgan, a minor, of Mount Somers; and Harry Wright Morgan, a minor, of Mount Somers.

The claim was set out by the Bank of New Zealand as follows: (1) A declaration as to who is entitled to the surplus now in its hands. (2) A declaration as to who is entitled to the unrealised securities still held by the bank.

(3) Directions as to the bank’s duties respecting the Erewhon leasehold and stock thereon. (4) A declaration that the bank is entitled to its costs of the proceedings as between solicitor and client out of the surplus fund, or the unrealised se-

curities on the leasehold and stock of Erewhon or the sale thereof. Sir John Findlay, K.C., with him Mr A. F. Wright, appeared for the Bank at New Zealand, the plaintiffs. Mr G. T. Weston represented Douglas George Wright, Messrs J. 11. Upham and A. C. Cottrell appeared for William Nosworthy and Harriet M. Wright, trustees in the estate, and Lil an Kate Nosworthy and Eva Roberts. Mr A. C. Brassing ton appeared for Florence Jenny Morgan and the guardian of' the two minors, Florence Barbara Morgan and Harry W. Morgan;