SUPREME COURT

Dominion, Volume 11, Issue 149, 13 March 1918, Page 7

SUPREME COURT

A TOWN BOARD'S DIGNITY CLAIM AGAINST RACING CLUB . i lu the Supreme Court yesterday, before Mr. justico Stringer, tho Ipper Ilutt Town Board sought to recover from the Wellington Racing Club the sum of £361. This was claimed for water supplied to tho club on their property nt Trentham. Mr. P. Levi appeared for the plaintiffs and Mr. M. Myers for tho defendants. According to Mr. Levi, the Racing Club's property was not within the Upper Hutt Town Board's district, but tho water was supplied under special contract to tho club. This contract was admitted. Tho supply of the quantity of water which wa's claimed for was disputed, and tho defence was set up that the same was supplied to tho military authorities. ' Counsel said that he simply intended to show that the quantity of water claimed for was supplied through the Racing Club's meter, and that payment was mado by tho club only up to March 31, 1915. _ The military authorities took possession of part of tho club's premises. Nevertheless the club ran its races there, and had possession of the greater part of tho promises. Evidence in support of the facts outlined by Mr. Levi was given_ by _ a number of tho Town Board officials, including the chairman, Mr. P. Robertson. The lastmontioned witness admitted under cross-examination that with rogai'd to a previous account submitted to tho club, the Town Board had made a large reduction, bccause it know that a great deal of tho water had been used by tho military authorities during the Department's occupation. This was out of sympathy, for tho Racing Club. On more, than one occasion the board had supplied, and it continued to offer, water free of chargo to tho Defenco Department. Witness at this stago had to be checked by His Honour on account of his volubility, which Mr. Myers described as "like a flow of water from one of the Town Board's meters." Later, in response to a question from His Honour, witnoss said that the hoard did not intend to chargo tho Defenco Department for tho water supplied to it. Siiice, however, the Racing Club had received so much credit for supplying its promises and services (including the plaintiff's water), the Town Board considered that it (tlie club) should pay for it. Tho board insisted on this, despite its knowledge that the military authorities were in control bf tho promises, and that if tho present action against the club succeeded the Department would have to pay at least two-thirds of tho judgment. It was submitted by Mr. Levi that the crux of tho whole position was this: Tho Town Board's arrangements were made with tho Racing Club for the supply of all water shown by the moter as having been used. .Whatever arrangements the club mado with the Defenco Department had nothing to do with tho Town Board. ! Tho club had its remedy as against tho Department.

In opening tho case for tho defence Mr. Myers said that tho Government commandeered tho Racing Club's premises at n moment's notice. The club immediately accoptcd_ this position, and it'had never claimed or received or asked ono shilling from the Govornmcnt. The military authorities themselves admittod that they used two-thirds of tho water supplied to tho grounds. The Town Board did not wish tho Government to pay anything. Further, the board must know that the Government must indemnify tho club,' yet it was pressing to rocovor this mono; from the Racing Club,- two-thirds of which it knew must be repaid. The witness Robertson's attitude in the box showed how impossible it was for tho club to make arrangements with liim or any other member of the Town Board;

His Honour: Why is there all this litigation? Mr. Myers: ' 'Bccausp the Town Board says: We won't accept anything from you (the Defence Department) direct! It wanted the money to come through the Racing Club." Continuing, Mr. Myers submitted that tho board had bad an opportunity of making arrangements with the Crown, but it had refused this. It had also r'el'used to cut off tho water.

■ Evidence on the line. l , indicated above was given by Mr. A. I£. Wbyte, secretary of the Racing CluD. In commenting on the ridiculousness of the whole position, His Honour said that it was a petty thing to waste tlie. time of' the Court over, simply because "the 'Upper Hutt Town Board insisted on having its pound of flesh or its million gallons of water." Mr. Myers: The point is tho board won't take the money from the Government.

His Honour: "Neither body, apparently, wishes to have the odium attached to it of having it said that it charged the Defence Department for water used for hospital purposes." Ho strongly advised the parties to get together and settle the matter. "Although it is considerably morb than we owe them," intimated Mr. Myers, "we would sooner pay a third (£112) "and end these undignified proceedings!" Mr. Robertson was still inclined to "let the law take its course," which prompted His Honour to remark: "You, Mr. Robertson, seem more concerned about the dignity of your board than arriving at v an 'amicable settlement. However, 1 have thrown out a hint, and you can take it or leave it." Tho position was an absurdity. _ Mr. Robertson then said he wished to consult with some fellow-members of Upper Hutt's Town Board. An adjournment was accordingly granted, and, 011 the Court resuming, Mr. Levi intimated that the plaintiffs would accept settlement as offered, provided the defendants agreed to pay costs. It was further' to be distinctly understood that the Town Board accepted the money in discharge of the Racing Club's liability, and that the balance was to go to the Government as iv contribution from the board. Mr. Myers agreed to this, providing the question of costs was left to the Court. ' , His Honour accordingly gave judgment for tho plaintiff for £112. He also allowed them costs on the middle scale, with witnesses' expenses.