LAW REPORTS.

Dominion, Volume 6, Issue 1784, 24 June 1913, Page 9

LAW REPORTS.

CHILDERS TERRACE CASE. CITY SUED FOR £2000. POINT SENT ON TO FULL COURT. , Tlio compensation claim for ,£2OOO brought by Jolui James Boyd ngainst the Wellington City Corporation was mentioned again yesterday morning before tlio Compensation Court, which comprised Mr. Justice Sim and two assessors (Mr. A. L. Wilson, for tho claimant, and Mr. Win. 1 ergiison, for the corporation). Tho claim, which was brought before the Court a fortnight ago, was for compensation for alleged depreciation of Boyd's property in Childers Terrace (Queen's Drive) us tho result of alterations mado to tho roadway. At tlio "hearing, Sir John Findlay, K.C., with Mr. D. M. Findlay, appeared for Boyd, while the City Solicitor (Mr. J. O'Shea) appeared for the corporation. Mr. O'Shea had raised an objection to the claim on. the ground that Childers Terrace had not been permanently construct, ed, and additional evidence was called on both sides 011 tho question as to whether or not tho street was a public highway. When the Conrt mot yesterday, Mr. D. M. Findlay asked that, in the event of tho decision 011 tho legal questions being against the claimant, tho Court should refer such questions to the Full Court, which would meet next week..

His Honour intimated that the Court's decision was against the claimant on tho question as to whether tho Toad' had been permanently constructed within the meaning of Section 188 of the Municipal Corporations Act of 1908. The Court's opinion was to the effect that tho road was not, at the time of the work in question, permanently formed within the meaning of this section of tho Act. Where the levels of a road had not been fixed, or the road had not been constructed in some permanent manner, no compensation, was payable by the local authority in respect of any alterations in tho levels. Portion of the road—that leading to tho claimant's property—was not permanently formed, and therefore tho claimant s rights were defeated. Mr. Findlay remarked that tho question was one of great public importance, and there was no appeal from his Honour's d'ecision. He therefore renewed his application that a question of law should bo stated for the Full Court at its next sittings on Juno 30. The application was granted, and the oaso was adjourned until August 4 at 10 a.m., until the Full Court had given its decision. CONTRACTORS' CLAIM. In. ; th'B Supreme Court yesterday, his Honour the Chief Jnstico (Sir Robert Stout) was engaged hearing further ovidonco in the contract oase^—a claim for ,£•101 3s. Id., in connection with the erection of a dwellinghouse in Hastings, Hawke's Bay. riaintiiTs in tho action wero J. and A. Wilsou, contractors, of Wellington. Defendant was Charles James Stanton Harcoiirtj land and estate agent, of Wellington. ■ Mr. A. Gray, IC.C., with Mr. D. S. Smith, appeared for J. and A. Wilson, ■ahile Mr. A. W. Blair appeared for the defendant. . Tho hearing, which has extended over four days, was still incompleted yesterday, cuid it will bo resumed this morning.