ACTION AGAINST THE PUBLIC TRUSTEE.

Temuka Leader, Issue 2099, 16 September 1890, Page 1

ACTION AGAINST THE PUBLIC TRUSTEE.

(Wellington, Sept. 11. ; In the Supreme Court to day judgement was given in the case Hatfield v. the Public Trustee, in which plaintiff, Ann Isabella Hatfield, sought the rectification of various alleged breaches of trust account, of neglect and wilful default, entailing loss to the estate, which were said to have been comjmitted mainly "by "the preceder id the office of the present trustee, administrator in the estate of her father. As. to the charge of letting the hotel under and the unjauthorised ’expenditure for collecting rent,,the Chief Justice held that the evidence did not justify a finding against defendant. Regarding : the claim for loss sustained by-plaintiff through defendant rebuilding a portion of the hotel" 0n,,, leasehold without securing an extended lease, His Honor held thaFtheJplaintiff was entitled to charge the trustee with any loss she may haye sustained by reason of his neglect to obtain in 1878 a lease,, fo|r--21 years of the portion which is not op the freehold. As to the architect’s fees for preparing plans for shops which defendant did not proceed with, the Chief Justice held, that the Public Trustee, at; the time the liability wa,s incurred, was not justified in doing so. It did not appear that any application was made to the Supreme Court to obtain authority to carry out the scheme. If any had been made it was certain not to have succeeded. As the liability ought not tp have been incurred it ought not to have been discharged out of the trust fund. The Public Trustee must therefore account for several sums' paid to Mr (Tjringham in respect of the plans, stated to amount to more than £2OO, with interest at the rate of 6 per cent, from the time of payment of several sums. As to the costs the plaintiff must have the general costs of the case on the claim of £5Ol, bujt without any extra days, and second counsel, and expenses of witnesses called in support of the allegation that the hotel was let at an undervaluation.