CASE FOR PRIVY COUNCIL

Chronicle (Levin), 30 April 1946, Page 5

CASE FOR PRIVY COUNCIL

-Press Association

AFFECTS ALL POWER BOARD3

| By Telegraph-

AUCKLAND; April 29. ! The case- in which a jury avvarded thc estate of Francis Harold Baker, o; Auckland, £4025 damages iu a .claim against the Auckland Electrie iowe. ; Board and Johu Burns and Co. Ltd., is : being taken to the Privv Counc.il by-th. : Power Board. It is anticipated thc Uearing will coimnence at the Ijeginaiiig of July. One of the counjjei represent : ing the Board will be Hr, H. M. Roger ' Ron, partner in the legal iirni of Xicliol son, Griitbin, Kogerson aiul X u-holson : who left by tram for Wellington iu night on th.e lirst stage of his jouruey ; to England. The case was the sequel to. a fire oi; 1 fohn Burns' I'remises in Customs Stree. East on August-19, V94>, when Baker, , .who was emploved as a cashier, sulferei. tatai injuries. It was ^dniitted that ihe fire originated in a faulty switch board and the ju'ry found negjigenct against Burns arid Co. and the Powe. Board. The .judge entered judgm'ent in ! terms of the jury 's awartl against botl; defendants. When the case was taken to the Court of Appeal ih 1944, it was dismissed by a majority decision of the Court.. The judgments .disnxissing it were given by Mr. Justiee Keniiedy, Mr. .Justiee Callan and Mr. Justiee Xorthcroft, vvhile the chief justiee (Bir Michael Mvers) and Air. Justiee Blair dissented. Before his departure, Mr. Rogerson, who expeets to sail from Wellington by the Akaroa on Friday, said the case affected all Power Boards in Xew Zealand as it would fix their degree of re sponsibility for damage done by fires arising from faulty electfi'eal installa tions in consuniers' premises. As was customary, onlv legal argument on the case would ha lieard by the Privy Council. The chairman of the Auckland Elee- ! tric Power Board, Mr. ,3. J. Ilarbutt, ; confirmed that the case was being coutested on the grounds that it invol'ved a principle affecting power boards throughout the Dominion. He said if the Privv Council 's decision went against his Board, some Act would have to be passed by Parliament in order to ' afford adequate protection for power boards in future.