THE HUNTER CASE

Wairarapa Times-Age, 12 April 1938, Page 8

THE HUNTER CASE

PROCEEDINGS IN THE COURT OF APPEAL. CONTENTIONS OF FORMER TRUSTEES. By Telegraph.—Press Association. WELLINGTON, This Day. Resuming his address to the Court of Appeal in the Hunter case today, Mr C. H. Weston, K.C., for the appellant, made further reference to the fact that the trustees were not asking for the return of the trusteeship to them. It was submitted that it was not too late for them to consent to being removed and they did so consent, provided no reflection was thereby cast on them and they had their costs out of the estate. The alleged failure of the trustees to apply to the Adjustment Court under the provisions of the Mortgagors and Lessees Rehabilitation Act, 1936, in relation to the sheep station was then considered. The contention was made that the arrangement effected with the A.M.P. Society, the mortgagees of the station, was a good one and that the trustees had acted prudently -in the circumstances. In view of the negotiations between the trustees and the mortgagee an application to the Mortgage Commission would probably have prejudiced its good relations between them. It was not entirely a matter of conjecture that if an application had been made to the commission better results would have been obtained. Rather it appeared that the trustees would not have fared so well if an application had gone before the commission, for then the whole question between the estate and the mortgagee would have been open, and not merely the question of renewal. (Proceeding.) (Yesterday’s proceedings are reported on page 7).