SUPREME COURT.

Dominion, Volume 3, Issue 874, 21 July 1910, Page 9

SUPREME COURT.

CLAIM AGAINST OROUA COUNTY. JUDGMENT GIVEN. Under a judgment delivered in the Supreme Court yesterday by the Chief Justice (Sir Robert Stout), Maurice O'Connor, contractor, of "Wellington, will receive u substantial part of the sum whioh ho claimed from the Oroua County Council as balance of payment ou a bridgebuilding contract. ■ - '. The plaintiff had claimed .£lß9l Is. Id. for work done in pursuance of the contract find for extras on the job. The defendant council had paid JJIM3 18s. Id., and disputed the balance. His Honour, in his judgment, discussed the claim—(l) As to the extras; (2) as to the deductions; ami (3) as to the penalties. . The plaintiff's claim for extras ' w.a* £784 ss. 3d., and the defendant had admitted iMJGO 13s; 3d. There was an ordor in writing for the extras, and the whole question was: At what rate were ,the extras to bo'paid for? The. plaintiff had charged extras at a rate beyond the rates that appeared in his schedule of prices annexed to his tender. His Honour was of opinion that he could not do so, and-that he was bound'to accept the rates fixed in his schedule of prices. If, however, he was not bound by the prices in his schedule, ho was bound by the finding of theengineer, whoso decision. was . made final and binding on all parties, and the engineer had decided the rates in his certificate, having fixed them at tho amount that tho defendant had offered to pay. This disposed. of tho difference between the .plaintiff and the defendant as to the extras; There, was, however, »650 claimed for an approaoh, on the ground that the plans allowed the contractor to believe that only a certain amount;of filling had to bo done. The plans no doubt were defective in not showing a cross-section, but the contractor could have ascertained from inspection of the ground the work that ho had to perform. Moreover, tho conditions .required tho contractor , to satisfy himself of tho correctness of tho plans, and provided that he shojild have, no claim on account of any errors in tho plans. The contractor vas. therefori., not entitled to the .£SO claimed for tho filling. In regard to the deductions counlorolaimed by tho defondant- council for work not performed, the only question in dispute amounted to £61 18s. 10d., iireonnection with the short sinking of a cylinder. The answer of ■ the contractor was that tho difference in sinking had caused him as much extra work as if he. had sunk the cylinder to the depth; specified; His Honour held that tbo deduction. wi» properly made, and thntthfi contractor was bound by the. engineer's decision. Tho total amount of deductions was .£303 if.' id. ■ His Honour allowed tho .plaintiff's claim for .£33 125., for totara timboi left on the ground and accepted by tho council. ■■ Tho only question left was .that of penalties, and this was decided by, his Honour in favour of the contractor ;on thi' ground thut thu contract, dnv' not clearly-provide. any date for completion of the work, and that the engineer omitted to fix tho extension for extras until long after the work was finished; also that delay was; caused by tho inefficiency of an air-lock supplied by the council in terms of the contract. •'-. , ... -~'. _ The plaintiff was awarded £493 16s. beyond the amount paid into Court, with costs.according to scale,and-10 guineas for second counsel. . . '■' ■ Plaintiff was represented by. Mr. A. Gray and Mr. A. Fair, and defenduut by Mr. A- L- Herdman. .

CATTCE-STEALING CASE. PROBATION GRANTED. . Peter Matiu, a'young labourer, of Paki Paki, Hawke's bay, who had pleaded ..guilty at' Hastings to a charge, of cattlestealing,' came before the Chief Justico . (Sir.Robert Stout) for sentence yesterday morning. His lionour said he had looked into tho matter and thought it was a case for probation. Nothing . was known against the prisoner, who was a married ..man. This seciued to be his first crime. He had said that ho committed it under some impulse which be could not account for. Prisoner was placed on probation for ono year and ordered to pay costs, £2 155., ■ and to repay the owner of the cattle the sum of £7 10s.; for which he had sold thorn. Ho was allowed three months to pay.' ■ "I hope," said his Honour, "that .you will not bo found coining before tho Court again, because if you do, yon-, will not get off, so lightly as you have this time." Mr. H. H. Ostler appeared for tho Crown and Mr. T. I''. Martin for tho prisoner.