SUPREME COURT

Wairarapa Age, 25 March 1920, Page 3

SUPREME COURT

CLAIM FOR POSSESSION. A case was before the Chief Justice in'the Supreme Court at Masterton yesterday morning in which the Oificiai Ass gnee in Bankruptcy of property of. Mary A. Coulter proceeded against D. G. Coulter, a claim for possession of land, house and prem.seß, and £79 10s for use and occupat.on. Mr A W. Blair, of Wellington (with Air S. Gawith), appeared for plaintiff, and Mr R. R. Burridge for defen- ! dant. ! Mr Burridge said . his application now was for leave to file a defence. Counsel explained at length the reason for his application. He had advised his client -to consult eminent counsel in Wellington, but they had declined to proceed with a defence. His Honour said there was nothing in writing, and it appeared to him that it would be useless for Mr Burridge to proceed, even if His Honour granted the application to file a defence. Counsel may have an equity claim in the matter, but in the present action he did not see that it would be any use of him proceeding. Mr Blair said that defendants had had plenty of time to prepare their defence, but they had slept on any rights they may have, and had done nothing. Mr Blair contended that defendant had no grounds for action. They had over six weeKs in which to have riled the defence they had prepared, but they had not done so. His Honour said he would not mind allowing Mr Burridge leave to file hs defence, but ho did not see there was any validity in his claim. The defence was of no value, and it would only mean piling up costs against his ! client. "I tell you that in my op n- j ion you would be on a fool's errand, and wasting your time," concluded His Honour. I Mr Burridge further explained h ; s i position. Ho had proceeded with the case upon lines which he considered were in the best interests of his client, so as to allow tho whole matter to be placed before tho Court. H : 8 Honour said that briefly tho position was this:—The mother had offered to givo a gift to her son. She invited him to tho house, and a deed was prepared. Before the deed was given over to him she cancelled her signature. Coulter's signature had not been witnessed, and was therefore not valid. Another deed was then prepared. Mrs Coulter filed a petit "on in bankruptcy shortly afterwards. The law is that all gifts made twelve months before the bankrupcty are void. After further legal argument H's Honour said he would refuse leave to file a defence, as he thought there was no defence. He would stay execution of his judgment for four weeks, during wlr'ch period defendant could, if desired, commence another action. He might say, however, that he did not see defendant had any chance of success in a further action. With reference to the claim for rent judgment would bo for £45. Costs would be allowed oa the loweßt scale.