COURT OF APPEAL

Hokitika Guardian, 19 October 1933, Page 7

COURT OF APPEAL

SIX WELLINGTON CASES HEARD. JUDGMENTS DELIVERED. * (Per Press Association—Copyright). WELLINGTON, October 18. The Court of Appeal sat this morning to deliver judgments. Preston v, Public Trustee: The Court dismissed both application and cross application for relief under the 1 amily Protection Act. No costs were allowed.

Rex. v. Browning, Auckland, application for leave to appeal to the Court of Appeal from a conviction.—Refused.

Doo and Bhana: Commission to take evidence in China. Right to take evidence granted upon condition that security for £l5O to cover the respondent’s costs is given within three months. The Court held that the discretion of the trial judge had not been exercised on the right principle, but that as the appeal had succeeded only in part, full costs would not be allowed.

Boyes v. Smith: The judgment of the Court of Appeal in this matter was delivered by the Chief Justice, (Sir M. Myers), who said the Court could not see how it could be said that plaintiff had lost tile permanent use of an injured eye. The question for the opinion of the Court was therefore answered in the negative. His Honour pointed out that' this did not mean paintiff was not entitled to compensation for the injury which he received, hut that the question was one for the Court below;

Bryant and May, Bell and Co v. the Commissioner of Taxes: The Court held that the deduction of interest from assessable income of the /appellant company was expressly prohibited by section 80 (2) of the Land and Income Tax Act, 1923, and that as companies were not entitled to special exemption, as were individuals, judgment would be for respondent land the appeal dismissed with costs on the middle scale. Solicitor-General, v.' Bydder: The Court held that the gift in the will upon trust as “trustees shall in their absolute and unfetted discretion expend in gifts to be employed in the service of my Lord and Master, and or relieving any pious persons in need,” a good, charitable trust not void for uncertainty. The trustees are to submit a scheme for distribution to the Court below •