HUNTER ESTATE

Wairarapa Times-Age, 12 April 1938, Page 7

HUNTER ESTATE

POSITION OF THE FORMER

TRUSTEES APPEAL AGAINST DECISION REMOVAL OF REPLECTION SOUGHT By Telegraph—Press Association. WELLINGTON, April 12. If Cyril Paul Hunter, Akitio, and Thomas Percy Hunter, Porangahau, are successful in their appeal against the judgment of Mr Justice Smith, which removed them from the trusteeship of the estate of the late Sir George Hunter, the trusteeship will remain with the New Zealand Insurance Company, Ltd. This was announced by their counsel, Mr C. H. Weston. K.C., during the hearing of the appeal yesterday. “If we are successful we do not propose to ask for the trusteeship back," said Mr Weston, “but we do ask this court to remove the serious reflection brought upon us by our removal in these circumstances. We say that his Honour had no reason at all to remove us. We are left with a serious reflection against us, with costs against us and with the threat now of an action for damages.” On the Bench are the Chief Justice (Sir Miachael Myers), Mr Justice Blair, Mr Justice Kennedy, Mr Justice Callan and Mr Justice Northcroft. Mr Weston has with him Mr D. R. Hoggard. Respondent, Edith May Hunter, is represented by Mr J. D. Willis, with him Mr R. L. A. Cresswell. The case on appeal began on Friday afternoon last. When the court resumed yesterday morning Mr Weston submitted that Mr Justice Smith had not taken sufficiently into consideration the initial difficulties that faced appellants when they took over the management of the Porangahau station.

A MEASURE OF SUCCESS ' “Although his Honour found for us to ascertain extent, he minimised what we did,” said Mr Weston. “In one case he said the results were poor. On that point we definitely join issue with him. We say the results were uncommonly good. What, in effect, Lady Hunter’s expert witnesses said was: ‘We must admit you have succeeded, but if you had borrowed and spent money on the property and if you had used the methods we now advocate and not made the errors you did, you would have been more successful still.’ That is how the case was fought.” Mr Weston said that the manager, Mr L. Cowan, was 32, when appointed. His Honour had criticised him on account of his age, but, it was suggested with respect, 32 was a good age. As far as Mr Cowan’s youth was concerned, it was probably a recommendation. An elderly man wanting a managership was generally a man who had done no good on his own property. A young man was usually working up to acquire a place of his own. Mr Cowan was a working manager. When necessary he took his coat off and got into the work with the rest of the men. “We must admit that a man of 32 in any profession has a great deal to learn,” said Mr Weston, “but we say the combination of Mr Cowan and Mr Percy Hunter was a happy and useful one. We have a young man, energetic, enthusiastic and willing to learn, being directed by an older man whose qualifications as a. farmer cannot be criticised.”

The Chief Justice: “The learned judge hasn’t said they should not have appointed Mr Cowan.” IMPLICATION OF BLAME

Mr Weston: “No. His Honour did not hold they should not have appointed him, but he has in effect held that Mr Cowan was incompetent, and blame is attached to the trustees for his incompetency. It is not in so many words, but that is running all through his Honour's judgment.”

No complaint was made in the statement of claim with regard to Mr Cowan's appointment, continued Mr Weston. There was no suggestion in the statement of claim that the trustees should have dismissed him, but in the way the case was conducted Mr Cowan's capabilities, in a sense only, came into dispute. Even during the case no direct attack was made on Mr Cowan. Mr Willis: “It was made.” Mr Weston: "My learned friend may be able to satisfy the court on that point. Mr Justice Smith by implication seems to have come to the conclusion that Mr Cowan was not up to the mark.”

Mr Justice Blair: "The sins of Mr Cowan are visited on the trustees. That is what you say?" Mr Weston: "Yes." The Chief Justice: "Is Mr Cowan still there?" Mr Weston: "No. sir." The Chief Justice: "I suppose he left when the change was made." Mr Weston: "They have a gentleman called Johnson." A CONSCIENTIOUS JUDGE

At a later stage the Chief Justice said that, with all respect to Mr Justice Smith, the mistake of the learned judge was in writing so long a judgment dealing with every point raised. Had he take the case by and large, Mr Weston would have had no possible chance of success. It was only because of the extreme conscientiousness of the judge in dealing meticulously with every detail of the management that Mr Weston had been given that opportunity. Mr Justice Callan said that, with great respect to the Chief Justice, there was also the possibility that if Mr Jus-

tice Smith had not dealt with every point raised the trustees might have come to the court and protested indignantly against being removed from the trusteeship without being told why. Mr Weston said that appellants always knew that Lady Hunter did not want them, but at the same time they never had any formal request to resign. They received no warning whatever of the issue of the writ, which was served upon them in the middle of a correspondence with Lady Hunter’s solicitors. The nature of the allei gations was such that they had had to defend themselves. The court adjourned until 10 a.m. today. BMmMunffiMi miWMW»gaiF ikhwmui mmm—