COURT OF APPEAL

Dominion, Volume 7, Issue 2200, 13 July 1914, Page 11

COURT OF APPEAL

QUESTION OF COSTS DECIDED. AGAINST PUBLIC TRUSTEE. , The First Division of the Court of Appeal mot on Saturday, to deliver reserved judgment on a rather important matter of costs. On June 29 last, by a majority verdict, the. Court uphold the appeal against the decision of Mr. Justice Chapman in the caso of' Ropata Ranapiri and Akuhata Ranapiri v. tho Public Trustee. Certain land originally belonged to Meropa Tima. a Maori woman, who, some time before her death, became of unsound mind. Itopata Ranapiri (who \yas, in Native custom, her husband) was appointed trustee in respect of her interest in this land. , In May, 1911, Ropata Ranapiri (acting as trustee) sold the ■ land "for £1200, to'provide an income for the maintenance and support •of Meropa Tima, who required care and attention, and' was 1 able to do very little or nothing for herself. In her will (made before the sale) Meropa Tima bequeathed her interest in the property to Ropata Ranapiri, and his son, Akuhata Ranapiri.. After her death Ropata claimed that, notwithstanding the sale of the land, tho .proceeds bf the .sale were in the nature'of a realty, and -passed'.to him _ and his soil under the will. An originating summons was taken in the Supreme i Court to decide this point, and_ Mr. Justice Chapman decided against Rbpata Ranapiri, remiirkingt that,-whein the laud'was' sold,' itywas gone 1 just as if the owner had converted it into money. Mr.' C. H. Treadwell, for the appellant, in whose favour the Court has deciled the question submitted, appliod for as against the Public Trustee, while the-Public Trustee asked for costs cut of the estate. The judgment of. the Court, read-by; tho Chief Justice (Sir.'Robert Stout),' reviewed the!-law points involved} and concluded: ''Tlie question involved was a general question raised by tho Public : Trustee, and very properly so, and stated by his representative to be one -that would, or might be found .to affcct ether of the numerous cases to which the provisions of Section- 424 had or would become ap plicable. . - The Public Trustee is paid for administering the trusts of the various funds held by him under that section, and, 'in addition to such remuneration, is : entitled to all ; the profit made by the investment-of those fluids in excess of the current rates allowed out of the common fund. In the circumstances it would be unfair to make an order for payment out of-the proceeds in which the plaintiff is interested of tho Public Trustee's costs of determining a general question of the character referred 'to."-. For the same reasons, we consider that, as the plaintiff lias'been successful in maintaining . the view which has' : prevailed with this Court, he should ; not have to bear the whole of his own costs. As the judgment of the Supreme Court is reversed, the order 'which it 'contains with regard to costs falls with, .it. v But, we give him . liis costs in_this Court, to.'be. paid by the lubhc Trustee, on the lowest scale only—fil'7U7s.i: together with the cost or printing, and the plaintiff's other disbursements; in j, this- Court."'" ;