Supreme Court LEAVE TO PROCEED IN DAMAGES CLAIM

Press, Volume C, Issue 29498, 27 April 1961, Page 7

Supreme Court LEAVE TO PROCEED IN DAMAGES CLAIM

An order granting Walter Ernest Scott, a storeman, leave to bring an action, out of time, in a claim for £6OOO general and £745 special damages against D. G. Malcolm and Company, Ltd. (in liquidation) was granted by Mr Justice Macarthur in the Supreme Court yesterday.

Scott's claim stems from an accident on October 11. 1958, in which a crane jib fell on him when he was working for D. G. Malcolm and Company. Ltd., as a leading hand. Scott was pinned under the jib and suffered two fractures of the left leg. Some of his lumbar vertebrae were also fractured. In the statement of claim, put in with Scott’s application for leave to proceed against the company in liquidation and leave to proceed out of time, it is alleged that the company was negligent in failing properly to fix the ijb to the crane and also negligent in failing to apply a safe system of work for its employees. At the hearing yesterday, Mr P. G. S. Pefllington, for Scott, submitted that as the company was not in liquidation at the time of the accident there was a current and appropriate insurance cover for it in respect to the claim. At the time the proceedings were issued the company was in voluntary liquidation, and he therefore sought an order to proceed against the company, in liquidation? .

The proceedings had been issued three days after the statutory time limit of two years had expired, but he did not consider the company was in any way prejudiced by this short delay in the issue, of proceedings. Mr J. G. ' Leggat. for D. G. Malcolm and Company. Ltd., said the company had suffered no prejudice. He could not properly consent to the orders sought, but offered no objection. His Honour said he was clearly of the view’ that the orders sought should be granted. He invited counsel to submit a draft order to the Court to include £5 5s costs and disbursements to

the intended defendant company and an order that the statement of claim lodged by the intended plaintiff could not be altered, except as to quantum of damages, without the consent of the Court.