COMPENSATION CASE

Dominion, Volume 2, Issue 598, 28 August 1909, Page 14

COMPENSATION CASE

CLAIM AGAINST GOVERNMENT. ' 'Tho case in-which. Robert Wilborfoss, ,-re'ceiver,' and -C-- Smith -and J. Smith, trustees for.tWdebenture-holders.-of'theWMlmgt-on and 1 Marlborough Cement, -Lime, and Coal Company, ; Ltd., claim £2500 from the. Minister for -Public. Works, in respcct of the resumption by tho Crown- of- Tata > Island, where- 'tho company r-intended, to : establish cement-• works, was .continued. .before -■ the CompensationL.Court . yesterday.. .The .Court., consisted- of -Mr. Justice Sim. and 'Messrs. A H' Miles-and J. P. . Maxwell, afisessony ■'■'.s-Fnithor-evidence-.for'.the. claimants waa given by E- M. Bolton, lato secretary of; the- company,-. and C. ■ Palhser, -a former director.--". "-'.'v/-.-■ -Mr Dalziell, in opening tho. case for tho, respondent; --urged- .that the . claimants. were, entitled' to ! recover only ■ the "direct:.loss entailed- 1 .through ■ the 'taking 'of --.the v island; He sfibmittW that .the ■ company was in. difficulties before the, island was resumed.; It was plain that: the property- had fallen* into the ■ hands of the, and that the ■ shareholders had : concluded - that they could not carry on; before the resumption'tobk place. It'rested with, tho claimants to provo that' tho business could be carried on ■ properly ■ To,ti Island. ■ Before "they could obtain -arty compensation-■ they, must show that' Tata Island had a value, aild tho only evidence - put . forward op its .value fore tho company -bought it was> the fact that a previous owner,-had -paid £80 for it. . There was scarcely any evidence to show that --tie business- could be ' earned on at a profit at the island., .There -was no.evidence that tho lyholo. of, the island consisted , of liiiestono, 1 as-to whether; there was marl on the adjacent mainland, >as -to the cost of taking ■ water to- the - island, ■or tho. coat of 'excavations, .. . >• , . •- His Honour: What do you'submit should be tho basis -of compensation?... . , , ; Mr ■ Dalziell: ■ The - valuo of ■ the island be-

fore 'it was .taken by the-company.; y , •. i -His Honour:. Then-- you .think < that, •-tho i compensation should, not be. more than £80? | ■ Mr 'Daiziell : I-.do not-think it. should .be i more \ , I "•'"Hm Honour: Then-thej Government offered i too much in-offering £250? . • . i 'Mr. Daiziell said that it waa;a,common thing' to offer more- than, was . .actually thought due, -for the sake of avoiding! Court HLukin,. of Nelson, ,• called as. an export witness for. the.- respondent, said that he 'knew-every inch .of- tihe locality. ■. Whoro tlie : formation had' bocn opened up a, streak of good stone about: a.chain ..wide., ran through the island, but the entire formation was not good any means... The first scow-load of stono taken. froin . the island was dumped overboard, beoauso of .its inferior quality.. ;. , . . , T ' Oakdon; general manager of the : Mill: bum Comont Conip&By> W*. Wilson, work? manager of the 'Wilson Cement : Company. Auckland, Chirles.MfCurdy, contractor, and 6; H. Bayliss, contractor, also gave evidence for the'respondent. : Judgment Will probably .be given at IU.dU a.m. to-day.