APPEAL COURT

Hokitika Guardian, 26 September 1929, Page 5

APPEAL COURT

(By Telegraph—Rer. Press Association.) WELLINGTON, Sept. 26. The Appeal' Court to-day was engaged in heaWiig,.the case of Frederick John Raynerj of;.Auckland, dental surgeon, against H.AT. The King. On the Bench were .Gln efe Just ice 'Myers and Justices Herdman, .Adams, MacGregor and Ostler. For suppliant, Air A. ■orev K.C., and with him Air B. James appeared, and for the Crown Air A. Fair K.G. and Air ACE. Currie. In January thfs yqafv'-Rayner filed a petition of right, alleging that in October 1928 lie entered jnjq .an agreement with the Commissioner of State Forests :o give the latter .an option over certain timber on „ne land in the Taurei utukau forests of Auckland at a consideration of £35,1(10. Further, this, money was not paid when due. The Crown then filed,a plea , denying the contract and asserting if the contract could he proved, Rayner’s title to the land was not. iii order. In Alarch Rayner qbtained an order for discoveries against’ the Crown, who then moved to have' the order set aside. This motion was 1 now moved in the Court of Appeal for argument. At this stage the ease centres solely around a much debated point among legal practitioners whether or not an order for discoveries .can be made against the Crown. ;