Court of Appeal

Oamaru Mail, Volume XXIII, Issue 7366, 14 November 1898, Page 3

Court of Appeal

(by telegbaph.) Wellington, November 14. The Appeal Court unanimously allowed the appeal in the case of Guthrie v. the liquidator of the New Zealand Pine Company. Limited. The Court held on the facts as stated in the case that it must be held that there had not only been an agreement to set off the debt by the Pine Company to Gathrie and Co. against calls, but that the set-off had been actually carried out, and calls on the shares in the name of Guthrie must, in consequence, be held to have been paid. If facts had been stated in the Court below during argument which were not stated in the case before the Court of Appeal the Court, in allowing the appeal and dismissing the application of the liquidator to place Guthrie on the list of contributoriesj intimated that the application might be renewed on further facts, if the liquidator so desired. No sosts were allowed. In the case of the Auckland Education Board v. Haselden the majority of the Court were of opinion that both on the grounds of possible bias and pecuniary interest the Education Board had a right to object to the president of the Auckland branch of the Educational Institute acting as one of a Board to deal with the appeal of Miss Haselden under the Public School Teachers Incorporation and Court of Appeal Act. Judge Pennefather dissented, holding that the Court of Appeal under that Act should be considered as a board of arbitration rather than a court strictly so called, and that the Act contemplated such an appointment as that objected to. The Court ordered a prohibition to issue, bnt made no order as to costs. The Chief Justice expressed the opinion that the objection would apply equally to any member of the institute, and he thought also to any teacher in the employment of the Education Board. In the case of Alardyce v. Tanner, a motion for leave to appeal to the Privy Council was dismissed by consent. The Court adjourned to December 12.