AN IMPORTANT CASE.

Waikato Times, Volume 100, Issue 16749, 16 March 1926, Page 5

AN IMPORTANT CASE.

CLAIM £3OOO FOR RATES. ON LAND AND TIMBER. STRONG BAR ENGAGED. (By TelegraDh—Press Association.) TE KUITI, Monday. A case of much importance to local bodies and more especially to ihc Wailomo Bounty Council, is set down for hearing before Ihc Court of Appeal at Wellington to-day. The claim involves £3OOO for rates on land and timber over which the Ellis and Burnand Company Limited, have cutting rights. Tho blocks are situated some twelve miles Rent Maungapeehi railway station, and comprise an area of aproximately 25,000 acres. The question of liability frr rales has been argued for some years and matters were brought to a head as the result of a commission which sat eighteen months ago by the entering of Ellis and Burnand Company’s name on the valuation roll. Tlie Waitomo County Council then issued a writ claiming four years’ back rales against the company. The "facts" were agreed upon by counsel representing Ihc parties and the case was sent to the Court of Appeal for legal atgument on certain technical points. It is claimed by the Ellis and Burnand Company that their documents do not create an interest in land. That they are not the occupiers or lessees and therefore arc not liable for rates. The Waitomo County Council is being defended by Mr Meyers, K.C., of Wcillington, and Mr G. P Finlay, of Auckland. The Court is being asked to decide whether the company is assessable for rales, whether it is the sole occupier, and whether, if held assessable for rates, it has the right to contribution. At the same time two other cases are being heard between the same parties. In one the Court is asked to declare whether the plaintiff is, in regard to timber contracts on Rangitoto Ruhui No. 36 Block, an occupier of rateable property, and, if so, is assessable as such, and whether the company is liable for the land tax and arrears of rates prior to placing the company on the valuation roll. In the second case similar questions are being asked tlie Court in respect of a tramway constructed and used by the company for milling operations.

Justices Sim, McGregor and Alpcrs are the presiding Judges.

Mr Norlhcroft of Earl, Kent, Massey, and Norlhcroft is taking the case for Ellis and Burnand Lid. Mr V. S. Meredith, Grown Solicitor, is watching the interests of the Maori Land Board, and Dr. Findlay js representing the Valuer-General. The case is creating much local interest and tlie result, will be awaited with much eagerness by both tlie County Council and native owners. The case is proceeding.