COURT OF APPEAL

Dominion, Volume 9, Issue 2821, 12 July 1916, Page 11

COURT OF APPEAL

WADESTCHVN TEAM HATING

APPEAL. Their Honours the Chief Justice (Sir Robert Stout), Air. Justice Deiiniston, Mr. Justice Edwards Mr. Justice Stringer, and Air. Justice Dehniston, sitting as a Court of Appeal, heard an appeal yesterday afternoon from tho decision of Mr. Justice Chapman, who-ruled that the City of Wellington Corporation Imd power to levy a special rate ovc-r tho Wadcstown tram area to'meet any delicifc that might accrue from tho running of that tramway.

Mi'. George Carwell Cooke, settler, Wiulestown, raised the appeal, and was represented by tho Solicitor-General (Mr. J. W. iJalmond, 1v.C.,1, and with ]um Mr. T. Young; a-n.d'Mr. J. O'Shea, City. Solicitor, represented the respondent col 1 -, poration. As recited by the case 011 appeal, tho facts wore that 111 1910 the City of Yv'ellin'gton raised a special loan uf .CJSS.OG'O to construct the tramway. The loan was authorised by a poll of the ratepayers resident in the Wadeslown tramway area. The security for tho loan,. payment.- of interest, and sinking fund was a special rate up to ij-d. in the pound 011 the rateable valuo of tho property in tho area mentioned. During tho years 1912-15 thera was a loss on the working -of the Wadeslown tramline, and the council, acting under its powers, ■ proceeded " to levy a portion of tho special rate to mako up the deficit. It was considered by the appellant that the council iu keeping a special account for the Wodestown extension, which was regarded as part of tho City system, and making various

chargcs against this particular extension, was exceeding its powers, also in levying a special rate to cover a deficit created in that way. In tho Court below, Mr. Justice Chapman held that the City Corporation had not exceeded its powers as sanctioned by authorities, and it was against this decision, as already stated, that an appeal was raised. The Solicitor-General addressed the Court at considerable length on the legal aspects of tho case, and Mr. Young was in tho midst of his argument when the Court adjourned till 10.30 this morning.