TIMBER RIGHTS.

Auckland Star, Volume LX, Issue 228, 26 September 1929, Page 9

TIMBER RIGHTS.

DISPUTE IN APPEAL COURT. RAYNER VERSUS THE KING. IMPORTANT LEGAL POINT. (By Telegraph.—Press Association.) WELLINGTON, this day. The Appeal Court to-day was engaged in hearing the case of Frederick John Ravner, of Auckland, dental surgeon, against His Majesty the King. On the Bench were the Chief Justice, the Hon. M. Myers, and Justices Herdman, Adams, MacGregor and Ostler. For the suppliant Messrs A. Grey, K.C., and with him Mr. B. James appeared, and for the Crown Mr. A. Fair, K.C., and Mr. A. E. Currie. In January of this year Rayner filed a petition of right, alleging that in October, 11)28, he entered into an agreement with the Commissioner of State Forests to give the latter an option over certain timber on land in the Tauri and Tukukau forests, Auckland, at a consideration of £35,000; further, that this money was not paid when due. The Crown then filed a plea denying the contract ami asserting that if a contra'ct could be proved, Rayner's title to the land was not in older. In March Rayner obtained an order for discoveries against the Crown, which then moved to have the order set aside. This motion is now moved in the Court of Appeal for argument. At this stage the case centres solely around a much debated point among legal practitioners, whether or not an order for discoveries can be made against the Crown. Argument is proceeding.