McARTHUR’S YACHT MOREWA

Taranaki Central Press, Volume IV, Issue 452, 8 June 1937, Page 6

McARTHUR’S YACHT MOREWA

CLAIM FOR PAYMENT Appeal Court Judgment For Company Press Association —Copyright. Wellington, June 7. Judgments. were delivered by thef Court of Appeal to-day in an appeal arising out of transactions concerning the disposal of the yacht Morewa, formerly owned by J. W. S. McArthur, in the Appeal Court case heard on March 15, the Pacific Exploration Company and Sterling Investments versus McArthur.

Delivering his judgment, the Chief Justice, Sir Michael Myert, . stated that on its presentation before the Court of Appeal the case fell to be decided merely as a claim tor the price of goods sold and’ delivered. In the view taken by His Honour the allegations of fraud, breach of trust, breach of duty and various other allegations in the statement of the claim merely tended to confuse the issue.

That the respondent McArthur bad become possessed of the ya-cht which' had been the property of one or other of the appellant companies was clear and undisputed. As His Honoour viewed the case, the sole question was whether the yacht had been paid or, or a valuable consideration given fdr it.

The conclusion come to, probably a true view of the transaction regarding the yacht, was that to (be interred fom the books of the Pacific Company, that the ya-cht was sold to the Pacific Company. If that was so. hen the yacht could only have been acquired! from that company by tn® res-poMent by pwr'cbaee, and as it had not been shown that the respondent paid or h<«l given consideration tor it, the Sterling Company was entitled to recover, and judgment would be entered' in its favour for the sum of €8931 9s.

Separate judgments coming to the same conclusion were delivered by Mr Justice Ostler and Mr Justice Smith. Mr Justice Fair dissented. At the conclusion of the judgments Mr R. E. Tripe mentioned the possibility of application being made for conditional leave of appeal to the Privy Council on behalf of the respondent.