SUPREME COURT.

Dominion, Volume 12, Issue 4, 30 September 1918, Page 9

SUPREME COURT.

TRANSFER OF LAND

DIFFICULTY UNQER NEW FINANCE ACT '

In .tlie Supreme Court nu. Saturday. His Honour Mr. Justice Chapman delivered reserved , judgment in tlio case of G. B. Walker v. the District Land Registrar, Napier. In this case- tke parties wore- involved in dilliculties owing, to their being unaware of the passing of the Finance Act, i 918.' The plaintiff proceeded against tlio District Land.ltegistrar to. show cause why lie should iiot rngister a transfer of lands whiph had been executed by. tlio Hegistrar. of., the Supremo Court in .pursuance of a mortgagee's. sale conducted through %>'- Supremo , - Court;' The mortgiigeoi before the passing of tho Finance- Act-' 1918 i applied to the Registrar:of the. Supremo Cotirt.to sell ttb land,-:'and-tl;e, lieg'istrer■ duly, proceoded villi tho srtlo and , ' advertised .the property. : -.'Before ■; tho auction ao- , tually. took placo the Financo Act was passed, -repealing the power of a. mortgagei; to sell; thqugh : tho: mortgage deed excluded: , tlio ; provisions of the Mortgages-Extension Act, -1914. 'J'he Registrar of the Supremo Court, however, was una.ws.re f of the.; new.- provisions, and completed the auction sale and signed.a. transfer of the land-to the,purchaseri : This transfer tho Distrioti'Land- Registrar at Napier refused to register. ■'■'■' ; ■ ... ; ■_: For tho District Land Registrar it was argued:': that, although the circumstance gave rise- to very great inconvoiuonce, the-Registrar had no option but to refuse-to-register" the. transfer, 'as the new Act'effected, .ft .complete prohibition of.the'.,bxorcise of thcniprtgageo's pbwoi; , of'sale without nu order of the Supreme.Codrii. :.,'.. For the plaintiff, v pn the other Ijand, it .was Contended that as ■ tho application to tho -Registrar of the Supremo Court, to conduct the sale had been mado before the passing of-tho new Act, the right to .continue the salo existed by reason of tho Acts Jnterpreta.tioiv Act, which provides that.notwith-. standing the , repeal of an Act any proceeding actually commenced may, legally bo continued. . ■. ,-' .■_ In his judgment His Honour -held that the Finance , Act, .1918, was rotan Act repealing the Mortgages Extension Act Amendment Act, and therefore'the Acts Interpretation Act-did not apply to the circumstances involved in the caso, and tlio rights, of the mortgagee were noti preserved.. The transfer, therefore, could not, be<'registered, and I the summons , against Lands Registrar must be dismissed. At the hearing Mr: .T. Neaye appear : cd for the plaintiff, and Sir John Sfllniond, K.C., for the District Land Registrar. ' -