SUPREME COURT.

Taranaki Daily News, 16 September 1920, Page 6

SUPREME COURT.

SITTING AT NEW PLYMOUTH. The adjourned session of the Supreme Court at New Plymouth opened yesterday, His Honor Sir John Salmond prer.'ding. The civil business (before a Judge alone) was proceeded with. A NATIVE LAND DEAL. Arising out of a Native land deal, James R. Corrigan claimed from Noti Wairahui a sum of £250, being an amount agreed upon between the parties. The defendant admitted the receipt of moneys totalling £IBB 15s od from claimant, but claimed an adequate rental from plaintiff for the use and occupation of her land, the balance due being set down as £59 4s. Mr. T. Neave (Wellington) appeared tor plaintiff, and Messrs. P. O'Dea and S. W. Fitzherbert for the defenceThe facts as set out by Mr. Neave were that Corrigan was in occupation of certain land belonging to the Native. He was in occupation under an instrument which had not been confirmed by the Native Land Court, so that 'be had no valid title. The rent was £54 per annum, and there were iwo leases, one from 1912-15, and the other 1915-22, He had really no valid protection, and was dispossessed of his land in 1917, before the expiration of the lease. Prior to this he had effected considerable improvements, but not having the lease properly prepared, the way was open for the Native to dispose of the land, and she sold the property to a purchaser named Laurent. The deal was sanctioned by the Native Land Board. Cornwall had previously made disbursements on behalf of the Native that really anticipated the. rent for the whole of his ! term, and during the consideration of the transfer to Laurent, Corrigan made application to the Board for consideration of his position.' The parties agreed that an account should be taken, and after investigation the balance due to Corrigan was found to be £276, but he agreed to accept £250. At the time of this agreement there were present 'Thompson (interpreter), Noti, and her husband. The payment was to be made out of the purchase money due to Noti and the Native Land Court agreed to protect Corrigan to this extent in disbursing the money. Before the purchase money was handed over, the Board received a letter from Mr. Treadwell, of Wanganui, stating that Corrigan had withdrawn his claim against the Native, and Noti received the whole of the money. The matter was not referred by the Board to Corrigan, neither had any authority been given to Mr. Treadwell to write the letter. He was not acting for either parties to the account, but for the purchaser, and was apparently anxious to get the title fixed up. There was apparently a misunderstanding somewhere in this connection. A document showing the amount of Noti's indebtedness had been drawn up between the parties, and was left in the office of Mr. Thompson (interpreter). Jt , was lent to Noti, but had not since been seen. | Counsel for the defence disclaimed any [ knowledge of this, stating it was the j first they had heard of the document ! being borrowed. I Plaintiff gave evidence on lines similar to counsel's summary. He was cross-examined by Mr. O'Dea in regard to the various steps in the transaction, and also as to his dealings generally with Natives. It was elicited that part of the claim was in respect of sums advanced to Tairorama, who held the land previous to Noti. Kata Thompson, licensed interpreter, gave particulars of the conference between Noti and Corrigan, in the presence of witness and Noti's husband. The amount agreed upon as owing by Noti was £250. Examined by His Honor, witness said he was positive Noti came and took away the document signed by her acknowledging the debt. * i Mr. O'Dea said the payment of the money was to be subject to the accounts being submitted to Mr. Spratt, solicitor for inspection and approval. Apparently, however, an attempt was made to fi\ the matter without Mr. Spratt's knowledge. Evidence was given by Nohi Wairahuni, defendant, to the effect that she received the land on the deatli of her mother's cousin, Tairoroma, by whom she had been adopted. The tend was leased to Corrigan, and when the sale was being made lie threatened to block it if she did not pay the money. She, therefore, agreed to pay £250, but she got tiie full amount of money from the Board, and knowing she did not owe Ccrrigan any money, she did not pay it. She did not know anything about the statement in writing supposed to he signed by her. Awa Tapu (Tiusband of the previous witness), 11. R. Candy (land valuer), and H- J. Morlev (Native lands' draughtsman) also gave evidence.

Particulars of various proceedings at the Native Land Board were given by S. W. Fit'/.herbert and F, C. Spratt, who acted for Nohi at different times. After hearing addresses by counsel for both parties his Honor announced that he would reserve his decision. SALE OF A LEASE. His Honor announced his reserved decision in the case of Alexander Munro (Mr. I'. O'Dea) v. Peter T. "Pedersen (Mr. Neave), being a claim for £317 paid in connection with the purchase of a lease in perpetuity. The . Land Board having refused its consent to the transfer, Munro asked for the .return of the deposit, which represented ten per cent, of the purchase money. After reviewing the law on such matters, and the evidence in the present instance, His, Honor remarked that .the defendant had in reality undertaken to make a good title by securing consent of the Land Board, and had failed to do so. His Honor said lie was unable to accept the contention that defendant in taking all proper and reasonable steps had fulfilled his obligations- and was entitled to retain the deposit. Judgment was given for plaintiff' for the amount claimed with interest from the date of sale (May) at the rate of 0 per cent. A DISPUTED DECISION. An appeal on law and fact was made I from the decision of Mr. T. A. Bailey. S.M., in the case of Werie Kingi, (Mr F. C. Spratt v. W.' A- Guv (Mr. I'. O'Dea). Mr. Spratt said the case arose out of a collision between two cars. The statement of claim alleged that Guy drove his motor car. in a negligent manner, causing a collision, with resultant damages to plaintiff's car. For this Kingi claimed £lO3 18s. There was a counterclaim for £43 3s. Judgmont had been given for defendant on the claim, and-, Jer ths jjlain tiff oa tha Bountydlife.

The Magistrate found that there .was no contributory negligence on the part of the plaintiff, but ..e committed an error of judgment. The accident occurred at Matapu some considerable time ago. Guy drove out of his place at 12 miles an hour and Kingi's ear was being driven along the road, a collision resulting. The defence raised by Mr. O'Dea emphasised the fact that Kingi saw Guy when a chain away His Honor reserved decision.