A LAND TRANSFER

Dominion, Volume 14, Issue 242, 7 July 1921, Page 5

A LAND TRANSFER

CLAIM FOR INJUNCTION REFUSED

Judgment was delivered in the Supreme Court yesterday by His Honour Mr. Justice Sim in a case in which the Mayor and City Council sued the Public Trustee and others, as executors of the will of William Jay, deceased, over the title to a certain piece of land in the city of Wellington. The title of the land was under the Land Transfer Act, and on October 16, 1917, tho Public Trustee -was registered as the proprietor of the land. The Public Trustee had the land surveyed, and subdivided it into three allotments. One was sold to a defendant, Mrs. Reid, without the consent of the plaintiff either to the plan or to the transfer. The plaintiff accordingly claimed an injunction restraining the registration of the transfer, on the ground that its consent was necessary The claim was based on section 3 of Ihe Wellington City Empowering Act, IJLas subsequently amended. In finding for the defendants, His Honour held that the sale was not of P Ol . llO ' 1 of an allotment or holding, as defi™* in the Act, but of the whole of it. The plaintiff, he thought, had not made out Iny case for relief. Judgment was given accordingly, with costs P l ™- tiff for £7 7s. for each defendant, ana disbursements. , At the hearing Mr. J. O Shea appeared for the City Council. Mr. Rose for the Public Trust Office, Mr -Taylor for Mrs. Reid, and Mr. W. C. MacGregor, K.C., Solicitor-General, for the District Lan Registrar.