SUPREME COURT.

Dominion, Volume 6, Issue 1691, 6 March 1913, Page 3

SUPREME COURT.

MAXDAMUS REFUSED.

Reserved judgment was delivered bv Mr. .Justice fcim in the Supreme Court jesterday in' the action, in which a writ of mandamus was sought to compel a Maori Land Board to confirm a transfer of Native laud. The parties were Daniel ,!'"/!!!.• " ie younger, farmer, of Levin, plainhfl, and the Ikaroa District Maori Land Board, and Lindsay Bank Barron, farmer, of Levin, defendants. At tho hearing Mr. A. \V. Blair on: Feared for Hannnn, the Attorney-General (the Hon. A. L. Jlerdman) appeared for the Lund Board,.and Mr. M. Myers appeared for. Barron. A b;oek of land, known as Horowhonua IJB, 41 South G subdivision 2, formed tlio ground ior. action. A Native named H ii'ihana Ilunia. had an interest in this lo the extent of 55 acivs. According to t he' statement of 'claim, Wiriluina Huniii agreed to sell his interest to L'ndsay Banks Barron fcr the sum of .£BSO. There was an arrangement whercbv Hun hi could repurchase, the land from"Barron under certain conditions. Subsequent!*Hunio entered into negotiations to sell to Hanr.au,- tho dsfcndanf board not having confirmed the agreement with Barron 1 . An agreement between Ilunia and Hanmni was completed, and the transfer (■nine b"lere the board for confirmation in April last. Til" beard refused the application. Hnnnnn then 'nliogod that in refusing it, the defendant hoard exceeded its powers and tho grounds upon which-the beard took upon itself to refuse the application were not gcod or tenable. It was fnrthor alleged tint the hoard had not nroperly considered the application and had refm-.-d so to do. Hence the action. In the course of Irs judgment. Mr. .lusti?e Si m he'd that IT ann -i n could not ncrfuirn a title to the land until Hunia repurchased from Barron. As Ilunia had not repurchased, his Honour was of opinion that iho_ beard had acted within its rights in refusing Hannan's application. The question -of costs was reserved.