THE MOKAU ESTATE

Taranaki Daily News, Volume LI, Issue 180, 21 July 1908, Page 2

THE MOKAU ESTATE

APPISAL COURT PROCEEDINGS. By Telegraph.—Press. Association. Wellington, Monday. The Appeal Court to-dnv began /.he hearing pf an application made by Herman Lewis, purchaser of the leases of a part of the Mokau-Mokakttoo block to order the removal of tile caveat lodged by Joshua Jones. The land has been the subject of certain law proceedings in England, and in 1907 the executors of the defendant (Flowers) who was one of those connected with the proceedings, sold the land through the Registrar of the Supreme Court at New Plymouth. Owing to default having been made in the payment of principal and interest, the executors became the purchasers and agreed to sell a portion of the land to Lewis. Thereupon Jones lodged a caveat, and it was in respect of this that the application was made. Wellington, Last Night.

In the Mokau ease, .MY. Treadwell, on behalf of Mr. Jones, in showing cause why the caveat should not be removed, contended that the High Court in England had jurisdiction to make an order to compromise the action brought by Jones against Mowers, as the land in respect of which it was brought was in New' Zealand. That being so, the Court in New Zealand could go behind the order and examine into the conduct of flowers. His conduct had been fraudulent, and the exercise of the power ot sale in the mortgage by his executoi)i> was in bad faith, aiid was for the pur-j pose of acquiring Jones' interest in the land at an under-value. Jones was also forced by the oppressive action of Flowers and by his own impeeuniosity; into acquiescing in the compromise, and it was a case of duress. On this ground the compromise could be set aside. Even if the compromise were valid, Jones still was entitled to bring an action to redeem the mortgage. ,He knew only a tlie land was sold through the Itegistrar that it was to be disposed of in that way. He was then in England, aud liad actually commenced an action for redemption m England before the date of the sale, and the executors of Flowers and those acting for them had notice of that action. Under these circumstances, Jones ought to be allowed to redeem. He was willing to pay the mortgagees t'lieir principal, interest, and costs, and money could be found. At tlic close of Mr. 'J'readwcll's argument, the Court intimated it did not desire to call counsel on the other side, and delivered a unanimous oral judgment in which it held Mr. Jones would have no possibility of succeeding in anj action for redemption, therefore the caveat ought not to be extended. The order extending the caveat was therefore discharged, .with £ls 15s costs to the executors of Mr. Flowers, £ls 15s costs to Mr Herrman Lewis, and £lO- - to the District Land Registrar at New Plymouth. Mr. Treadwell asked for leave to appeal to the Privy Council, and asked that the caveat should' be extended pending the appeal. Ho expressed the willingness of his client to be put on any terms as to security for costs.

The Court intimated its opinion that the litigation was frivolous, and refused leave to appeal.