ARBITRATION COURT.

Dominion, Volume 6, Issue 1816, 31 July 1913, Page 11

ARBITRATION COURT.

NATIONAL DEPENDENCY. In the Court of Arbitration yesterday, Mr. Justico Sim decided an interesting point of law in the case; of the Public Trustee v. M'Mahon aud Lee, a claim of .£SOO compensation undor the Workors' Compensation Act, 1908. Mr. J. W. Macdonald (solicitor to the Public Trust Office) appeared for tho Public Trustee, while Mr. M. Myers appeared for il'Alahon and Lee.

Tho Public Trustee's part in the action was as administrator of tho estate of George Roberts, deceased engineer, lato of lnnngahua Junction. Deceased had. been employed as an engineer on M'ilahon nnd Lee'B dredge, and was accidentally killed on March 18, 1912. Ho was a married man, and had three children, of whom two wero living and in tho Army. His widow also survived. On November 12, 1892, he left England for New Zealand, and never returned to his wife and family. After his death, Mrs. Roberts gavo evidence in England. From tho time cf his departure from England up to the time of his death, lie contributed nothing whatever to tho support of his wife and children. Mrs. Roberts maintained herself and tho two children by her own efforts. What the Court had to decide was whether, under Section 1 of the Workers' Compensation Amendment Act; 1911, Mrs. Roberts was to bo deemed totally dependent on the deceased. His Honour's decision was that, the widow's dependency was merely notional, and that she. could . not therefore be deemed a total dependent of the deceased. , The caso will come up again next week in order that the Court may award nominal compensation. Tho question of costs has been agreed upon Ly counsel.