COMPENSATION COURT.

Dominion, Volume 2, Issue 422, 3 February 1909, Page 9

COMPENSATION COURT.

■ ISLAND BAY RECREATION GROUND. BAYLIS AND OTHERS v" CITY COUNCIL. . CLAIMS- FOR -LAND TAKEN. Further, evidence relating to the claiirs brought by George Heury .Baylis. 'Michael George Phelan, , George ' "Willis Harvey, and Walter Whitehouso against the City Council for land taken at Island Bay for the purposes of a recreation ground was heard yesterday by the Compensation Court, which consists' of Mr. Justice Chapman (President),, Mr I J. C. M'Kerrow (assessor for the olairaants),.and"Mr. T. K. Macdonald the Corporation). The amounts of tho"claims were. G. H. Baylis. £12,560; M. G. Phelan, £1365, W. Whitehouse,' £900: an.d G. W. Harvey, £1122,-grand "Ma'l? £15,94?/* H Ut> 2H. Mr Gray '(with him Mr "Weston) appeared on behalf, of the claimants) and Mr , bim Mr. O'Shca) for the respondents'. * i." •.■"■''.' JJ < ■}',<-*'■■''

EVIDENCE FOR THE CLAIMANTS. John Guthrie, i'contractor, deposed that the gravel and sand on Mr. :Bayhs's property was of good quality. When gravel was removed from the beach, it.it as replaced by other gravel,'owing to tho action or the sea. During-a. south-east gale i and a high sea, 2000-or 3000 yards ot gravel might be deposited on the beach on bis (witness's) pro-perty,-but a change of wind might>,result in it'being swept back again. lo'Mr. Monson , l There was a large number of boulders on Mr. Baylis's beach, which was superior to his beach. - Re-examined, witness stated that during the past four or fivojjoars 1 2000 cubic jards of gravel had .been removed annually "from his beach/ He' purchased the freehold of his beach from $ Mi. Hayward for £2000 For 5-Bths of'an acre, which comprised a sandhill, upon which a house was to be erected, ho had been offered £1000. G. H. Bajlisj-' the principal claimant, who gave evidence, on the previous day, «as fuither cross-examined. He said ho could not say 1 whetheci there had been any change in thd periodicity of "soutberlj busters during the., last _quaiter of a century. Only on one occasion ftpfl he seen the sea wash over tho level of-thfl centre of tho road.

Did you jiqtajn 1897, state in an affidavit that the seaahad'on several occasions damaged portions of ,tbe road? —I was ' not then l of erring ,tor<ib,at part of tho road now under consideration;,. » , ' ,af further question, witness stated,thafo,ho was not awaro that Harvey, who wasfluow a bankrupt, had not included iho section-vhe purchased from him in the list of Insiptoperties., l ' Ile-exarflined, Mr Baylis afuimed that thero was no ground for the suggestion that the agreement betwoen Harvey and himself was not gonume. Whon tho Government intimated that it might acquire his property ho had hadi three valuations made. These came vithiftoSvof each other. - Miajjqgt Geo. Phelan, commercial traveller, laid Jbe gave £4 per foot for the section fhiciwhetjiurchased from Mr Baylis m March 1906,! C and fillmg-in 'had cost him £100 m respcjdj.et 170 feet It was his intention to crectur (sanatorium on the property Plans and specifications for the proposed buildings had {been prepared by Mr H Macintosh sTho amount whicli, ho claimed was at the rate pi £12 per foot. Walter Whitehouse, manager-at G. ,T. Smith's gfruel works, deposed that he agreed to pay i 4 per foot to Mr Baylis for three sections, which ,wero to ba used for a gravel depot, as tho spot was a very convenient starting-place for tho teams. His claim was at tho rate of £6 per foot. - Alex. A. Gallatcly, of the hrm of J H. Bethuno and Co., gave it as his opinion that the property, if hlhng-in were carried out, was worth £8960. In fact, ho thought tho hguies which he had onumerated would bo exceeded. He knew no private land of the kind near Wellington which uas so suitable for'residential purposes. It would bo very foolish for the.owner to soli at lower prices than he had given i To Mr Morison; Before ,advising a client to lend money on tho property he would con-, suit an engineer. | W ilham John Miller, land salesman for' Harcourt and Co , said tho land in question, with the exceptions of Harvey's, Whitehouse's and Phelan's sections, was worth £7237 15s. Wm Ale-? Thompson, of tho hrm of Thompson and Brown, gave oudonco that his firm had recently disposed of a number of seaside, sections at satisfactory rates. Ho \alucdtho sections at fiom £4 10s. to £5 per foot. To Mr. O'Shea: If the sections were filled in he could sell them. Harry Macintosh, C.E., stated that he was engineer to tho North Sidney Council from ISB2 to 1886; assistant engineer- to tho Waverley Council for three 3ears; assistant onginecr and surveyor at Bilmam, and had also practised nui profession 111 Melbourno and Sydno\. Under his supervision and from his designs tho Bondi oaths had been built, as wclins additions to tho Bronte sea baths. Then again, lie had drawn the plans for tho Coogce and Waverley baths. Witness had desired to acquire 800 ft. frontage of the property in question for the purpose of establishing a sanatorium; and pith that object in view had obtained an option from Mr. Baylis Thero was a natural pool, which was an ideal swimming bath. All that was wanted was a fcnncrete wall, over which the sea would break

and pioduce what swimmers called "livo 1 ' water in tho pool. I When tho option, which was for tin oo months, was about to expire, ho was dcsnous of obtaining a lonewal, but was informed that tho land had been icsumed. His syndicate was nover registered. Evcrard W, Scaton, C.E, nnd licensed sul'vojor, said that on July 10, 190S, whon there was so fieico a gale that steamers wero unable to get out of Wellington Harbour, tho boat harboui at Island Bay was perfectly_calm. To fit tho land for building some filling in was required, and a plain nibble Trail would have to bo constructed. lie had tested the grave] areas, and a low estimate gave the quantity at 11,436 cubic yards of excellent material James E. Fulton. C.E., estimated the quantity of first-class shingle at BGBO cubic jards. Frontage to tho open sea added to tho value of tho sections. David James M.ison, who ha,d been a fisherman at Island Bay tor five jeaTS, said ho had alwass found the boat harbour pcrfecth safo. The Court .it this stage adjourned until this morning.