SUPREME COURT

Dominion, Volume 8, Issue 2297, 3 November 1914, Page 9

SUPREME COURT

.COMPENSATION LAW. , Reserved judgment was delivered by : the Supropo Court c- yesterday >on certain points ■ of: law: m ■ connection with a. ■compensation claim. Tho law poiiits' Teferred'to had- been argued before a Full Bench, .comprising their Honours the Chief Justice (Siv Robert Stout); Mr. Justice Dennißton, Mr.. Justice Edwards, Mr. Justice Sim, and Mr. Justice Hoskmg.. .The. plaintiff- was tho New Plymouth Borough Council, and tho defendant was tlur Minister of Public Works. v- : ■■■■•. • Mi. C. P. Skcrretfc, K.C.y with him Mr. D.vR. Hoggard, appeared for tho Borough Council; while the Solicitor--General (Mr: J. W; Salmond, K.Ci)}ap--peared'for'tho '- •_ It appeared, that'in 1903 certain' land belonging to the'borough was; enteredupon and occupied by the Crown roi* use? as a gravel-pit -in .conncctio'n,' iivith' • thefconsfcruction of,tho Stratford-Ohura; railway.; On November 21; 1912, the land: was formerly: taken- by prjoclapa-. tioii, and tho borough thereupon niSde it-s claim'for compensation in rejpe?t;of th« : v .uß©- and takingsof the ivliicli' consisted of 'an area of about seventeen . acres in the Ngaire . Survey District. .: At M>he hearing;.of ;the claim it v .'-was, proved that the land had increased in value between the time of'the Crown's entry in 1903; and the. formal-taking- m 1912. - Tho question then arose as to .'. whether 1 should ! 'be based' on the -value of the liad'at tho time of entry, or the value at- the time of taking. | The borough- made :''alternative, claims for' £1482'; 125.\11d....and,£17693s. Id. respectively.' : Mr. Justice Hoslring, Preaidentofthe Compensation Cpur,tj\6greedit6 state 'a epeml Supremo Court, and it was this special . ca6o which came on for hearing, yesterr day. The question submitteid in the . case was;-wnen :]and. is -entered upon and used 'under Sectibn ].80 of the Public Works 'Act, 1?94;V and' is' thereaffoiv taken iii pursuance of'the fequidtion of the owner under Section 201' of the Pubha Works Act, 5 1908, is tho compensation payable to-be equal torth'e value ■ of the land at the time when it was so entered upon, or is it to be. equal to the value' of the land, when so .taken, together with compensation for.;'damago suffered between entry and talcing? Tho Court answered the law points . m favour of the New Plymouth Borough : Council, on whose, -..behalf it was: contended that compeusatioh'. was payable • on the. later- value, together with compensation for damage suffered between • tne timefof entry and the timo of tak'ng-. - ' V/ o- "