OTAGO LAND CASE.
Press Association. Wellington, April 7. In the Appeal Court Mr Hosting was proceeding to open the case for plaintiffs when Dr. Findlay (on behalf of the defendant Board) offered to waive all technical defences it plaintiffs would treat the question as a pure question of law as to whether they were legally entitled under section 80 of the Hand Laws Amendment Act, 1907, to the grant of renewable leases of sections of the Otekaike settlement without competitiou. , , , Mr Hoskiug intimated that he would like to consider the proposal, and the Court made a brief adjournmnent to allow him to do so. On resuming, Mr Hosking states that, in the beat interest of his clients, he could not consent to waive the point that the approval of the Minister having been given and the plaintiff’s application having been granted, the Court had no jurisdiction to inquire into the giounds of a subsequent withdrawal, but must issue a writ of mandamus to the Board to carry out its decision. Mr Hoskiug then contended that a renewal lease was actually granted to the plaintiffs, and that as it was approved of by the Minister, that approval could not be withdrawn. The plaintiffs had satisfied all the requirements of section sO of the Land Laws Amendment Act, 1907, as to years of employment and loss of employment; therefore, the question was finally decided and could not he reopened. The defendants might contend that the approval of the Minister had to precede the grant, but it could precede it or come alter lfc- Mr Hosking had not concluded his argument when the Court adjourned until 10.30 to-morrow morning.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/RAMA19080408.2.57
Bibliographic details
Rangitikei Advocate and Manawatu Argus, Volume XXXIII, Issue 9116, 8 April 1908, Page 8
Word Count
276OTAGO LAND CASE. Rangitikei Advocate and Manawatu Argus, Volume XXXIII, Issue 9116, 8 April 1908, Page 8
Using This Item
See our copyright guide for information on how you may use this title.