LAW REPORTS

Dominion, Volume 8, Issue 2487, 14 June 1915, Page 9

LAW REPORTS

SUPREME COURT PUBLIC TRUSTEE TO PAY RATES IMPORTANT DECISION A reserved judgment in an action involving a small sum of money (about £2) was delivered in tile Supreme Court by His Honour Mr. Justice Edwards on Saturday morning. Tho case waß that of the Public Trustee v. the Hutt , River Board and the judgment was a good .deal more important than would first appear as His Honour decided the important point that the Public Trustee's Common Fund is not money belonging to the Crown, that when money from that fund is invested in land then the land in question is not .to be deemed the property of the Crown, and consequently the Public Trustee is liable for tho rates levied by the local tfutliority on such land. The question came before the Court (following proceedings in the Magistrate's Court) in the form of an originating summons taken out by the Public Trustee for the purpose of determining whether or not 'lie was liable, under the Rating Act and the River Board's Act, in respect of land rested in him at Lower Hutt. the title being' acquired as the result of money advanced from the Common Fund on mortgage. At the hearing Mr. C. P. Skerrett, K. 0., with him Mr. F. E. Kelly, represented the Public Trustee, while Mr. T. F. Martin, with Mr. E. P. Bunnv, appeared for the Hutt River Board. The interests of the Crown were looked after by the Solicitor-General (Mr. J. - W. Salmond, K.C.). S His Honour, as indicated above, I ruled that the Public Trustee must pay U tho rates levied by the board. . | When tho nuestion of costs was mentioned Mr. Martin sueeested that the Hutt River Board should be allowed 30 guineas. The Solicitor-General said that • such a, sum had been. granted on an originating summons but once in the wholo of his experience. ! The settlement of the quostion was left over to give Mr. Skerrett an opportunity of addressing the Court.., I His Honour remarked that, although he had not specially considered _ the point it seemed to him that the judgment might affect the wholo of the buildiiiffs erected bv the Public Trust Office throughout the Dominion. The Solicitor-General said that, if that irere so the matter would certainly be taken to the Court of Appeal. CLAIM FOR COMMISSION (By Telegraph.—Press Association.) Chrlstchurch, June 12. Tho Supreme Court heard a case in which Samael Thomas and Donald Graham, land agents, Te Kuiti, claimed £470, commission on the sale of land at Te Kuiti, from Luther Hopkins, Dr. m W. Diamond, and George' Scott, jun. - The dispute was over the rate of commission. Mr. Justice Denniston said the rates charged ill different provinces varied considerably. In Auckland the amount of commission. on a sale of £18.000 would be -£465, in Wellington £350, in Canterbury £210. Judgment was Teserved.