LAW REPORTS.

Dominion, Volume 3, Issue 864, 9 July 1910, Page 18

LAW REPORTS.

GISBORNE WATERWORKS. A CLAIM FOR OVER £6000. BOKOUGH COUNCIL DEFENDS. In Chambers yesterday, tlio Cliicf Justice (Sir liobert Stout) heard a motion connected with an impending action between . the Spiral Steel Pipe Company of Now Zealand, Ltd. (plaintiffs) and the Gisbor'no Borough Council (defendants)..

Mr. C. P. Skerrett, K.C., appeared for tho plaintiff company', and Mr. M. Myers for tlio defendant- corporation.

The action is one in which the plaintiff company claims several sums amounting to over £6000, in connection witli a contract for the construction of the Gisborne waterworks; In affidavits filed, it is set out that the defendant corporation proposes to coun-ter-claim for a large amount. Mr. Myers appeared in support of a summons by tho defendant corporation to set aside, or, alternatively, to amend the writ issued by the plaintiff company on .the ground that the writ ordered the. corporation to file a statement of defence and go to trial at Wanganui. The corporation . alleged that no material part of the cause ,of action arose at Wanganui, where the company carried on business, but that tho whole cause of action arose at Gisborne. In the alternative, if tho Court refused to set aside or amend the writ, the sumtnons asked for. a change of venue t-o Wanganui. His Honour ruled that the writ must' be amended, and, by consent, it was ordered that the trial should take place at Gishonie before a judge alone. The corporation was awarded two guineas costs on the motion.