COURT OF APPEAL

Dominion, Volume 8, Issue 2423, 31 March 1915, Page 9

COURT OF APPEAL

ANOTHER INSURANCE CASE BUILDER'S RISK The Court of Appeal was occupied yesterday with the hearing of the case of William Asliton Chambers and the Hawke's Bay Farmers' Co-operative Association, Ltd., v. the Phoenix Assurance Cojv Ltd. The Bench was occupied by Their Honours the Chief Justice (Sir Robert Stout), Mr. Justice Edwards, Mr. Justice Cooper, and Mr. Justice Chapman. Mr. H. D. Bell, K.C., with him Mr. J. H. G. Murdoch, of Napier, appeared for Chambers and the Farmers' Cooperative Association, while Mr. A. W. Blair appeared for the Phoenix Assurance Company. TJIO appeal was from a decision of His Honour Mr. Justice Denniston, delivered at Napier in October last, and involved an important point of insurance law. Chambers was a builder in business in Waipukurau, and, early last year he was engaged in effecting alterations and additions to the Hawke's Bay Farmers' Co-operative Association's store in Ruataniwha Road, Waipukurau. In order to cover the premises 1 in the event of loss by fire, Chambers took out a policy of insurance with the Phoenix Company. This policy was made out "to cover interest as builder," but both Chambers and the Hawke's Bay Farmers' Association understood it to cover the premises from any loss by fire, and the insurance company's agent in Waipukurau believed, that it would cover the interests of both Chambers and the Hawke's Bay Farmers' Association'. ■ Oit March 18, 1914, a fire occurred on the premises and the loss ffas estimated at £1043 14s. 4d. Chambers and the Hawke's Bay Farmers' Association claimed this amount from the .Phoenix Company, but payment was refused on the ground that Chambers had been insured to cover any loss sustained by him (in his interest as builder), and that he had. been unable to prove to the Phoenix Company that .lie had sustained nny_ loss. ;Tho claim then formeij the basis of a Supreme Court'action,'.Mr..' Justice . Denniston holding that the Phoenix Cbmpany must succeed in what he described as a, "technical and. meritless defenco." Against this decision Chambers and the Hawke's Bay Farmers' Association appealed on the ground that it was erroneous in_ law. Decision was reserved. PARKES V. THE DISTRICT LAND REGISTRAR. .Reserved judgment was delivered by the Court on an appeal from the decision of - His Honour Sir. Justice Edwards, delivered in October last, in the case of Mary Parkes, widow, of Wanganui, and Arthur' Zealand Wright, farmer,' of Wahganui, v. the District Land Registrar, of Wellington. Tlio Registrar had declined to register the dedication of Aiken lload and portion of Parkes Avenue in the Parkes Estate, Wanganui, on • the ground that the requirements of Sub-Section 2 of Section 116. of the Public Works Act had not been complied with. This stand was taken by the Registrar because he was not satisfied that the owners of the estate had formed the roads to the satisfaction of the local authority. Mrs. Parkes and Wright then proceeded against the Registrar by summons under Section 203 of the Land Transfer Act, 1908, calling upon him to substantiate and ! uphold his refusal. Mr. Justice Edwards decided the case in _ favour of the Registrar, and the plaintiffs (Mrs. Parkes and Wright) appealed against this decision on the ground that it was erroneous in law. At the hearing of the appeal last week, Sir John Findlay, F.C., with him' Mr. C. B. Collins, of Marton, appeared for the appellants, while Mr. C. P, Skerrett, K.C., with him Mr. W. J. Treadwell,' of Wapganui appeared for the District'Xand Registrar. .. In a provisional judgment, the Court ordered the appellants" to pay the costs of the Court of Appeal proceedings as if the appeal were dismissed, those costs to be.'on the highest'scale. The appellants, however, would be allowed the right to make out their case by means of further evidence if they desired to call any evidence other than that previously called before the Registrar, anv witnesses to be called in the Court of Appeal at the expense of tho appellants.