TAKAPUNA RAILWAYS

New Zealand Times, Volume LIII, Issue 12612, 24 November 1926, Page 9

TAKAPUNA RAILWAYS

PURCHASE BY COUNCIL PROLONGED LITIGATION PREDICTED. Per Press Association. AUCKLAND. November 23. Prolonged iegal proceedings concerning the purchase b.v the Takapuna Borough Council of the Tramways and Ferry Company’s plant were indicated in the Magistrate’s Court to-day, when a motion was lodged to have the recent poll declared null and void on the ground of alleged irregularities. Mr Gould; for the petitioners, said the appeal had been lodged against the judgment of Mr Justice Herdman, given before the poll in which he decided that in addition to the ratepayers. electors with residential qualifications were entitled to vote. In addition, an appeal was being lodged by the Borough Council against the decision of the magistrate in dismissing a prosecution by the borough against a ’bus proprietor running a rival service to the tramways. Mr Gould added that he had been instructed to take proceedings against the Borough Council for an injunction to restrain it from further proceeding in the purchase of the tramways on the ground that such purchase was ultra vires.

Mr Finlay, for the Borough Council, said the council had been the victim of a consistent legal action, the like of which the Dominion had never previously known. The hearing was adjourned until next Monday.