ROSENEATH LIFT CASE.

Hokitika Guardian, 10 September 1924, Page 3

ROSENEATH LIFT CASE.

POINT DUD FULL COI'DT. WKLLINCTOX, Sept. S'. What is known as the .I’oseiieath lilt ease came hcl.nre .Mr .lustier MacGregor to-dav in the Supreme Court, and on account of the vital question of site involving; the town licit, and therefore the Crown, was adjourned hy the dndgge to the Full Court. Plaintiffs in the case are Doherl 'William liurhridgge, merchant, and Bohert Henry Stiekucy, printer, hoth of Wellington, and defendants nre the Mn.vor, councilhirs and citizens of the city of Wellington. The issue of the case is whether the corporation has the rigglit under a loan poll taken in September, 11)211, to construct a lilt- or an inclined tramway at Poseneath. There were nine proposals in tile loan .--chcdiilc on w hi«Ti the poll whs taken, ami nl these pi" posals No. I’, under the heading; “Street Works’’ included "Improved access lo llosoneatli.” All the l proposals were carried. In dune, l!)2.’l, alter many meeting's lo consider the pros and eons in regard to the lifL seheine, tin* City Council passed a resolution requiring' that a portion ol the special street works loan he expended in constructing; an inclined tramway at Poseneath. Dlaintills representing; the party opposed to this solution of the problem ol "improved access to Poseneath," claimed a declaration of the Supreme Court as to the rights of the parties in reggard to tin inclined tramway or lift scheme. They claimed the corporation was not lawfully entitled to expend any of the loan moneys pursuant to proposal No 2 upon an inclined tramway as resolved hy the City Council. Further it was submitted hy counsel lor phiintills that even if tile contrivance proposed were a lift and not a tramway the corporation should not he entitled to apply loan moneys for that purpose, further that whether it were a Tramway oi lift the corporation was not entitled to use the site chosen lor the purpose, as the land was either the town belt or Crown lands.

he substance ol' the defence pul forward in the corporation’s statement was that the proceedings were quite locally in order. In regard to the town belt issue the defence stated that the proposed inclined tramway was intended to be constructed on portions ol tin* town belt which woie vested in the corporation, which was entitled to use the lands referred to for the proposed purposes. Glider the provisions of the Wellington City !>'■- serves Act, IST I- and Wellington City Reserves Act.* U 72, and also by virtue of the provisions ol the trusts set out ill the deed of conveyance it was entitled to apply to have any poriou of the said lands proclaimed a street under Section 11 of the hand Act, IfJOS, or to take the land for the purposes ol a street under the pi o visions of the Public Works Act, DOS, and amendments. When the issue of the town holt was mentioned by counsel his Honor observed that it seemed to him that a question of public rights had been raised and that the Attorney-General should he joined as a party to t>e

•t'tise. . . , . Mr Smith, for plaintiffs. said that counsel for both parties had conlerred with regard to this matter before the writ was issued and had agreed m order to save expense to proceed without joining the Attorney-Oeiiernh . His Honor re-allirmed his opinion that the Attorney-General should be joined, and Air. Smith stated ho had arranged to join the Attorney-General if the Court thought it was necessary.

The judge stated that tho case raised some very important points and ought to be heard by tho Full Court He accordingly adjourned the easo to enable the Attorney-General .to ho joined, Hie action to lie hoard before the Full Court at the next sittings ot the Court of Appeal.