APPEAL COURT

Hokitika Guardian, 7 October 1930, Page 2

APPEAL COURT

CHRISTCHURCH APPEAL. ; (By Telegraph—Per Press Association.) ' WELLINGTON, October 6^ In . the Appeal Coyrt case, Christchurch City Council versus Attorney General which was continued to-day, Mr O’Shea oontended the ground for judgment in the court below in favour of .respondent was that the buildings in question. were erected on the Godley Statue block. The submission of the council, however, was that the buildings were outside the Godley block and judgment could not stand.' Summarising the conditions of the appellant, O’Shea made the following submission ; (1) The land was an open square in 1868 and became a street on the proclamation of Christchurch as a city in that year and since then nothing hsa been done to change its character. (2) The land was a street as defined in the Municipal Corporations Act in 1876. (3) It was also made a street in November 1878, .vhen the Municipal Corporations Act of that year was passed. (4) The long possession on the part of the Council since 1860 also made the land. a street. There must lie a presumption of legal origin and . occupation. which had continued for so long; (5) The structure proposed to be erected and forbidden by a Supreme Court judgment intended to lie except for one. bem'sr wholly upon the street erected in 1864, which had never been dosed. .

(6) If the land were a street, the erection of buildings on it was authorised by general • legislation' relative to li highway. ‘ . .. '