LEVIN PARTIES IN PROPERTY DISPUTE

Chronicle (Levin), 12 February 1947, Page 4

LEVIN PARTIES IN PROPERTY DISPUTE

A case which commenced in the Supreme Court, Palmerston North, on Friday last, took an un expected turn when Mr. Justice Johnson, without hearing the evidence, adjourned .the, case for a short time and expres'sed the opinion that the defendant should make a reasonable settlement. The proceedings, which were brought by Mrs. M. F. Upton, of Hokio Beach, who was represented by Mr. 'N. M. Thomson, of Levin, against W. H. Walker, of Levin, represented by Mr. H. R. Cooper, of Palmerston North, concerned the purchase in 1942 by Mrs. Upton from Mr. Walker of a Native leasehold section at Hokio on which was erected a cottage and shed. In outlining the case for Mrs> Upton, Mr. Thomson explained that she purchased Walker's lease of the property believing statements by him that the buildings would be hers, and could be removed by her at any time before the expiration of the lease in 1946. Subsequently Mrs. Upton discovered that not only did the buildings belong to, the Maori Land Board, 1 but also that she was now under a substantial liability to put them into repair and hand them back to, fche board ±n good repair, order and ; condition. She, therefore, asked1 the court for relief, and for a rescis- 1 sion of the contract on the grounds of misrepresentation by Walker. ; At this stage His Honour remark-i ed to Mr. Cooper that it did seemi to him that Mrs. Upton was at leasti entitled to. be relieved from liability for repair, especially as she did not seem to have any independent legal advice before buying the lease. He could not, of course, decide the case without hearing the evidence, ■ and was not at that stage making any assumption one way or another. He did fhink, however, that it was a case. of hardship for Mrs. Upton and suggested that Mr. Cooper should ddvise his client to. meet Mrs. Upton at least on the question of liability for repair of. the buildings. The case was then adjourned to enable counsel and the parties to confer, and it was later announced that a satisfactory settlement had been reached.