COURT OF APPEAL.

Dominion, Volume 5, Issue 1510, 5 August 1912, Page 6

COURT OF APPEAL.

SATURDAY MORNING SITTING. NGAWAKAKUPE LEASE. Tho Court of Appeal met on Saturday for tho purpose of hearing argument in connection with the application for leave to appeal to the Privy Council in the case of Harris and another v. Martha M'Gregor. . '.'.': ■;' In the original action in the Supreme Court, Martha .M'Gregor obtained judgment ngninst the -Jles-srs. ;Hnrris, tho Court declaring the lease of tho Ngawakakupe Block null and void, and ordering its removal from the transfer. . On Wednesday last tho Court of Appeal reversed this judgment, and counsel for Marthn M'Gregor then applied for leave to appeal to the Privy Council, and asked that the caveat that had been lodged to protc-ct the rights of his client should bo renowed. Argument on the question was heard yesterday. Tho Court comprised Mr. Justice Williams, Mr. Justice Dennistqn, Mr. Justice Edwards, and Mr. Justice Chapman. Mr. H. D. Bell, ICC, appeared for tho appellants. (Harris), while Mr. C. I'. Skerrett, K.C., with Mr. V. E. Ward, appeared for the respondent (Martha M'Gregor). It appeared that tho Messrs. Harris had some timo ago, entered into negotiations with a prospective purchaser for tho sale of their interest in the lease. Theso negotiations had been entered into quite apart from the litigation, and if the caveat wero renewed, Messrs. Harris,- by being prevented from taking advantage of the Court of Appeal decision, might suffer serious damage. On the other hand, it was put forward that if the Privy Council decided in favour of Mrs. M'Gregor, i the decision might provo of no value to her if the caveat were not renewed. Mr. Bell, who raised opposition to tho renewal of tho caveat, mode an offer to the other sido respecting a course that might bo followed, but Mr. Skerrett considered that the offer in question was not acceptable. Subsequently, Mr. Justice Williams conferred with other members of the Bench, and remarked that the case was somewhat similar to ono in which plaintiff obtains an injunction, but gives an undertaking as to damages if. that injunction be dissolved, lie suggested an "nrrangement that tho parties might como,. 10. This arrangement, however, did not suit Mr. Bell. It was then agreed that the matter should further stand over until September 30, Mr. Bell consenting lo tho caveat remaining in tho meantime. The Court then adjourned until 10 o'clock this morning.