THE MOKAU ESTATE.

Dominion, Volume 4, Issue 1143, 2 June 1911, Page 2

THE MOKAU ESTATE.

ONE OF ITS PHASES. JUDGMENT OF SUPREME COUKT. In the Supremo Courl yesterday judg. inent was given by the Chief Justice with regard lo on application made by Mr. E. G. Jcllicoo, acting on behalf of Mr. Joshua Jones, involving Mr. Jones's position before the New Zealand Courts iu respect to (he Mokau Estate. Plaintiff, in his statement of claim, prayed that the dealings of the executors with the estate be inquired into, and that accounts be taken; aha that (after payment by him of what shall he found chip under a mortgage givon in UOO, nud deduction of anything found to bo chargeable against the executors) the defend, mils be ordered to reeonvey the property to him free of encumbrances, or in default to pay .£IOO,OOO damages. In giving judgment, his Honour said:— "This is an application under Rule 43 for leave to issue a summons for service on persons resident in England, or upon llieir attorney in New Zealand. The statement of claim is based on an allegation of a contract made in England between, the, plaintiff and the executors of one Wicfchnm Flower. The mortgage, which is the foundation of the action, boars date April 27, 1908. There was also a further charge of November 1, 1008. J. ho statement of claim goes on to allege that the defendant!, slandered the title of the plaintiff. That is practically the allegation of. paragraph 5 of the statement of chum. It is said that this provented him from getting the property sold, llicre is a. further allegation that the defendants (contrary to tho covenants and conditions implied by law on the part of the mortgagees) put up for sale by public auction by the registrar of the- Supreme Court, Taranaki, and bought in the property, which they had a right to do according, to tho Land Transfer Act. Paragraph G does not seem to me to have any bearing on tho matter further than that, in November, 180 V, the matter was before the Hi?!| Court in En". i -i a ViL. lhc action was dismissed. l" n K.™'; t> allegation i s that the plaintifi lodged a caveat dealing with the lends, mere are then various allegations as to purchase and mortgages bv one Hermann Lewis, who was made i defendant in this action. The foundation of tlic action, however, tnrns urrm documents executed and made in England, nim' .'"'b.'wlics of llio covenant were comnntted ,in England. One ground urgcd why this Court should b<? seised with jurisdiction is the matter was that the and was situated in New Zealand. It has, however, to be pointed out that, by the proceedings that were before the SuH?n S ln 1908 ' tllc Supreme Court held that the property had paWd to Hermann Lewis, and that there was no cause ot action against the defendants in eonT fi C,l pm £ ho la,ld - That was'decided by the Pull Court on July 2(|, lflos, and tho case seemed so clear from the papers fi K C n" h£el f01 ; ,he Parties other nun Jones, the caveator, were not heard It was clear from the aflidavits that Jonci had undertaken not to delay regislration ot the dcciiments, and it was also clear that money was due when the properly was sold by the registrar. The sale was made on August 10, 1007. There wasa Milt in Lngland in 1007 about this same property, and it was dismissed for want that the Court had. no jurisdiction to entertain it All the Judges of the Sl . preme Court vrero of opinion that there t?« -fi ,V°^ er a V (I L " vis in connection with the ransfor of tho property, and that a good title had been obtained W-ir s b -V, lns purchase. Mr. Justice Vnlhams said: "iWo is no reason wh? the caveat should be extended; the only effect of extending it would bf. to enbE? a nf, ri,it,e * s . »nd «injurtili»blo Htigallon. Ihe opinion of the other Judges was tp (ho same effect (sen 11 Gaz. L?!., JO). In the face of this decision of the ?»P« mo . Court, it "onld be imprope? fw me to grant tho leave asked, even if there were jurisdiction, of which I an n°r Jt i Ul IT'f thnt iU has been nar ed ,v,th) for the Supreme Court of Acn Zealand to-entertain a onestinn about a contract executed in Cffi Mi» Pm ' ently, t0 bo ' PprformedjnTslS