LAW REPORTS.

Dominion, Volume 5, Issue 1302, 4 December 1911, Page 3

LAW REPORTS.

SUPREME COURT. CASE OVER TE WHEKI STATIONINTERESTING SUIT. EXTENSION OF LEASE REFUSED. Specific performance of a verbal agreement, alleged to. have been made with a person now deceased, was refused by the Chief Justice. (Sir Robert-Stout) • in the Supremo CoUrt on Saturday. Tho parties to tho action were Georgo William Dollar and Robert Georgo Kemblo, farmer's,, of Carterton, plaintiffs, ami tho Public Trustee, as, trustee of the will of Charles Rooking Carter, deceasod, settler, of Carterton, defendant. At tho hearing,. Mr. E. F. Hadfield appeared, for plaintiffs; Dcllcr and Kemble, and iMr. J. W. Mucdonuld for tho Fublic Trustee. It appeared from the- proceedings that on February 15, 1835,- Dcllcr and Komblo leased from tho Into C. R. Carter 1080 acres of land near Carterton, known as the Te-Wheki station. Tho lease was' for a period of '21 years/' expiring on February 1.3, 1916, at an annual rental of xm for tho first seven years, -,£220 for the next sovon years, and thereafter .£250. Deceased died on July 22, 18!)G, and probuto of his will was granted to the Public Trustee.. Deceased directed that out of tbe residue of tho estate a Home for Old Mon: should be erected in Carterton, the rents from To. Wheki station and other properties to bo "an "endowment for tno upkeep of such home. ' - Duller and Kcmblo alleged that on or about March 31, 1896, Mr. Carter agreed verbally to executo to them a further leasb of To .Wheki station for -21 vcars from February .15, 1916. The annual" rental .'of this 'new. loase, it was said, was to bo .£290-for the .first ten years, and £330 for the remaining elewn years of (ho least.' 'Dcllcr "and ■Kcmblo claimed that on. the strength of this verbal agreement they had ;cpniplotc(l'permanent improvements, including fencing, .draining, and scrubbing, to tho;. value of :£SGB. Since 1896 they had completed further improvements to tho value of ,C6-'i3. They further stated that they had applied.to Mr. Carter to complete tho .agreement hy- executing an estoiided. lease, but ho had failed to do so.' Since the 'death of Mr. Carter the Public Trustee had declined to. extend the" lease, on' tho ground that them was no written contract, and he would not bo justified in doing so' unless ordered by tho Court,: as the present letting-value of the laud would be at least ',£IOO9, as compared with ,6290 under'tho'proposed renewal. , : Plaintiffs . Deller and.- Kemble therefore asked tho Court to order specific performanco of the agreement. In order to got a ruling of .-the Court, tho Public Trus'too defended the'ictnu, and denied knowledge.of the facts alleged by Deller and Kemble.. As a,further defence, he pleaded the Statute of Frauds of Charles"H, .which .provides that— . • ; "No action shall bo brought whereby ; to charge any person, upon any. con- •'; tract or sale of lands, tenements, 'or ; hereditaments, or any interest in ,' or : concerning them unless the .agreement : upon which such action is .brought r 'or some'nOte or memorandum thereof,' ishall.boin writing and signed by the , party to. be charged therewith or-some ' • other'person on his behalf." . , _. In tho. cnurso of a lengthy'reserved j.iidgnient,' .delivered "on" Saturday,,, his Hnn6nr : said, that' the two questions arose wore:' ,(]) Had' there been part performance. of. the. agreement. by...p.!ain: tiffs that would warrant the Court ordering' specific performance; (2) whether .the plaintiffs' delay in'suing was a bar to their succeeding. . The first question was answered; in Tthe negative...his Honour holding' that the improvements carried out by the plaintiff were, not sufficient to constitute part performance.* -'The"'ssc.ond "qtibstiott ' was' answered; in fhe_ affirmative, and judgment was accordingly entered for 'the. Public Trustee, with costs. \ ESTATES OF. NATIVES. ■ PECULIAE. POINT IN" THE.LAW. [ The- question as to whether the Supreme Court'.can 'so interfere' in tho administration'of the estate of an aboriginal Natiy.e of New-Zealand as to'grant commission under'Section 20 of the Administration Act, 1908, was answered in tho negative in a decision of the' Chief Justice-. (Sir Robert Stout) delivered on Saturday morning. The question arose in c.oniieoMoii with a petition for com-, mission by the executors and trustees appointed by the'will.of the late Taare Waitara,. half-caste Maori, of Pa'rihaka. Mr. P. .11. Putnam appeared in support of the petition. ■ Taare'Waitara died on July 8," 1910, and .the • will - was- • proved and - - probate granted on August 15, 1910 under the provisions of the. Native .Land Act,' 1910, which says that. the. Native Land Cbtlrl has exclusive,'jurisdiction to grant',probate of the will of; a Native—and Native, in ' the "meaning, of flic statute, includes half-casti,. ' Tho estatt, was-a largo one totalling' £26,017 7s'. 6(1.' ; His •Honour, -after -a-brief -review- of tho facts' and the law, held' that -tho. special power - of . the. Native Land Act over-rides the provisions of the Administration Act, and that the Supremo Court had no power-to' grant, commission to the executors. "If," added his' Honour, "tho Native Land Court cannot, grant- commission, then'there'seems to-be need of some such.authority being given to that Court." ».•■■-• -. ■ His Honour . remarked' that other Judges, whom ho had consulted, agreed with him. ." . '"an" old judgment, motion; to- amend or set aside. ,Is tho . Supreme Court on Saturday morning, the Chief Justice (Sir' Robert Stout) heard'the case of-Rewanui Apatari- v. Mrs. C. J. Hansen. This -was a luotion by Apatari- for an order amending judgment, obtained against her slrs - .Hansen, by striking out ot the payment and out of the charging ordpr. the claim for .£ (.1.195:, as interest on the judgment obtained in the Magistrate s Court. In tho alternative there was a motion to set aside both the jndg-' ment and the'' charging order. . The grounds for the motion-were-(1) That the judgment m the Magistrate's. Court did not. at law carry interest, and (2) that there was no statutory authority for retrospectively imposing ..payraent'of'interest, upon Apatari. in -resoectof the judgment recovered agoinst her in tho Magistrate s Court. ' .'- . ; Some-thirteen years ago judgment -was obtained in the Magistrate's Court for £56, being the-original claim and costs. This was removed and entered unas a judgment of ; tho Siinremo Court, w:ith'interest added. . It was the -interest onk that was disputed. ■■•" Mr. C.-H. Treadwell appeared for Rewanui. Apatari, and "Mr. T.'Young for Mrs. Hansen. -.-..-. After hearing legal argument, bis Honour reserved decision.