DECISION RESERVED

Wanganui Chronicle, Volume 86, Issue 55, 6 March 1942, Page 3

DECISION RESERVED

DISPUTE OVER CHURCH LAND CLAIM BY TRUSTEES. j Decision was reserved in the case in j 'the Supreme Court in which the I Presbyterian Church Trustees claimed ! from H. S. Hannan Ltd., Wanganui, j the sum of £220 7s 6cl rental and Mr. Justice Blair presided, Mr. C. F. Treadwell appeared for the trustees, and Mr. G. W. Currie, with him Mr. R. Withers, for Harman’s Ltd. The land is a vacant section alongside the rear of Harmans Ltd., m Wicksteed Struct. a The trustees held that on June 11, 1940, the land was leased to Harman’s ! Ltd. lor a term oi live years. The pease provided that Harman's Ltd. pay I an annual rental of £3O, payable quaiIterly. The rent alleged to be due !amounted to £52 ids. rates ioi' the yeai (ended March 31, 1941, to £B6 17s 6d, and rates for the year ended March 31, i 1942. to £9O, making a total of £22: 7s 6d. For the defence it was contended that if a lease was executed on June 11. 1940, as alleged, sin h lease contained an option to pui'chase the land. The giving of such option constituted a breach of trust by the trustees and the lease was then and was now invalid and unenforceable; and that the trustees agreed to lease the land for five years at a rental of £3O a year with the optional right to purchase al £750. Such ofier was not accepted by tin' trustees, but was rejected. It was contended that if it is held that an i agreement lor lease was made such agreement was repudiated by the I trustees and Harmans Ltd. thereafter (elected to treat the agreement as determined. j If a lease was executed by plaintiff ’as alleged it was executed alter the I agreement had been lawfully deteri mined by the defendant. After the (offer to take the lease had been made !by Harman Ltd., and in the belief that (such lease would be e.xecuted by the I the defendant expended £lu 8s on clearing the land after Harman’s Ltd. had executed the lease in the belief that the trustees had also executed ; the same. The defendant, at the re- ; quest of St. Paul s Presbyterian , Church, paid £l5 by v.ay of rent and £6l 13s 9d, being proportion of rates, i Follow ing the refusal of the trustees ■ of the offer to take such lease Har- ' man’s Ltd. demanded repayment of ’ the sum of £79 13s 9d and’flO 18s, but ’ this had not been paid. The defendant counter-claimed for £9O Ils 9d.