LAW REPORTS.

Dominion, Volume 4, Issue 1137, 26 May 1911, Page 3

LAW REPORTS.

i ■■, -—-* —- . , SUPREME COURT. i ' A SITTING IN BANCO.. .. '■ THE EIGHT. TO : LIGHT. ■.The'right of an foccupier to. object to any. obstruction to w.indqw lighting was the subject of a legal argument in Banco at- the- Supreme Court. yesterday before his Honour'the Chief Justice (.Sir Robert Stout). The: plaint iff in the case is Walter Smart, a pawnbroker, and Robort Lionel Lovin-the.defendant. Jlf. -A,.-;Dmin appeared for■plaintiff and Mr. 'G.-.H. Fell for the defendants • , The 'plaintiff is the owner of a property near the corner of Willis Street, Wellington,-and Old Customhouse Street. The only means of lighting the room at the back of the building, ,is, according to thb -plaintiff a window. The defendant . had agreed to sell.' an. adjoining section at the corner of'the two streets mentioned and the purchaser, proposed to-erect a building, the wall of. which would completely! block the window and prevent an access of light. An injunction t'estrainirig defendant from interfering .with' plaintiff's enjoyment of the light was , applied ; for. The'defendant said that neither, of the certificates of title was subject to ■or included any casement or right to the light. The following points were raised: (l)' Does the statement of claim "disclose the cause of action-against the'defendant? (2) Does the claim disclose that:r.he plaintiff- is' entitled to the right of ac : cess-or use of light over-the land? ..Jlr. fell said that. Section No. belonged 'to' Levin and No. 2 to Smart The latter owner bought from various people, Levin included. : Plaintiff desired the" right to the light from No, 1 section to No.-2.. The building on Section No. 2 was erected in 18G8. The window was'built in by Evans, a tenant, in-that A. counter-claim was filed by the ■ defendant which set out that on or about October 17,. 1910, tho plaintiff had lodged a-caveat.'.against /the laud of the defendant forbidding .the registration of any memorandum- of transfer; that the defendant, had sold .his. land and the .memorandum of transfer could' not be registered .so..long as the. caveat remained in force;'that the caveat was. lodged' without reasonable cause and the defendant had; "suffered damage and expAise. He therefore counter-claimed .£SO. His Honour reserved his decision as to whether.'there was-a course "of action. POWER TO BORROW. TARADALE. TOWN BOARD LOAN. The power of the Taradale Town Board to raise a loan of -J3MO for certain purposes was in.question in an action which was before the Chief Justice (Sir Robert Stout), yesterday . afternoon. ' The board, on-March 29, 1911, after giving dun notice, took a poll of tho ratepayers on a proposal to raise a special loan of £3000 for, the purpose of erecting and furnishing a Town Hall, a.public ' library and ' -reading-room and board, offices. The proposal was_ carried jit the poll, and theboard applied to the AM.P'. Society to' lend the money, but the question was raised, as to whether the board was.validly empowered to/borrow thV money and ■had'taken all duo arid proper steps for the raising of tne loan. The society agreed, if. satishecl- as to'this (juestioni to lend the money. -Accordingly, it wa.i decided; t<v ask the Supreme' Court to set/the doubt at rest, and tho board; therefore applied for' a ruling under ; the Declaratory Judgments Act, the Towrt"Boards Act-and;the LocalBodies,Xoans"..Act. ■■ .: ■ ' .. The - Chief Justice, hpying heard argil-, merit; ..reserved '"his 'decision. '_ _■■ Mr. H. D. Bell, K.C.. with him- V.r. H' F O'Learv, appeared for the plaintiff board, and Mr. M.' Chapman. kX., with him Mr. E. J. Fitzgibbon, for the defendant' society. .'..,''