FEES ALLEGEDLY DUE

Evening Post, Volume CX, Issue 140, 11 December 1930, Page 10

FEES ALLEGEDLY DUE

PLANS AND SPECIFICATIONS

WORK FOR HOTEL

BROKER

Plans and specifications made by Oscar Albert Jorgensen, architect, of Palmerston North, in respect of which he is taking proceedings in the Supremo Court, before Mr. Justice Ostler, for the recovery of £819 os professional fees from Thomas Beaumont Dwan, hotel broker, are claimed by him to have been prepared at Dwan's instructions. It is denied by Dwan that this is the position and that any money is due to Jorgensen. For a further defence to the action, it is claimed that if any sum was due to the plaintiff it had been paid in full. Dwan also counter-claimed igainst Jorgensen for £.501 17s 7d— £201 17s 7d on account of a guarantee to the National Bank, Palmerston North, made on Jorgensen's behalf, and £300 as the balance owing on loans to the plaintiff.

Reference to the case was made in yesterday's "Post," and also to three others to follow, one of which is a claim by Jorgensen against Dwan for £4000 damages for alleged libel.

Jorgcnsen was in the witness-box tho whole of yesterday afternoon, and his cross-examination by Mr. 11. F. O'Leary had not been completed when the Court adjourned until this morning. It was considered likely that the hearing would occupy at least all day to-day. Mr.'P. B. Fitzherbert and Mr. S. W. Fitzherbert appeared for the plaintiff. Mr. O'Leary, with L. J. Maule, represented the defendant. LENGTHY ADDRESS. In his opening address, which traversed considerable ground, Mr. P. E. Fitzherbert said that plaintiff had been in business for many years in Palmerston. Korth. Originally he had come from Denmark, where he had received his training. He was a naturalised British subject and had been in New Zealand about 28 years. It was claimed that the defendant, according to his letter-heads, was a hotel broker, financier, auctioneer, and land and • -cstato agent. Among other things, Mr. Dwan was claimed to be the owner of a fair number of hotels and also of blocks of land. Counsel said that for practically two years Jorgenseu had regarded Dwan as a benefactor. Jorgensen gave evidence of the interviews ho had had with Dwan, and of the plans and specifications he had prepared. In answer to his Honour, witness said that Dwan had used the argument that a picture theatre was to b& bulit on the estate to keep up the price of tho section he had taken in Petone. SHORT OF FUNDS. When the subject of the building^of a theatre at Addington, Christchurch, had been broached, said Jorgensen, he informed Dwan that, he- was short of funds, and asked for an advance of £200.. Dwan referred to the expenditure he had to meet, and said he was unable to make an advance, at the same time sayng, "I don't owe you anything, do I?" Witness said that strictly speaking that was tho position until everything was completed, but he could not go on without funds. Ho then asked Dwan if he would be prepared to guarantee an overdraft at the bank. Dwan asked him to supply notes of his prospects, and when this was clone a memorandum was handed to him by Dwan for his, perusal. He queried the last paragraph, which set out that he had been paid all money due to him to date, but eventually signed tho memorandum and an overdraft was arranged. In answer to a question from his Honour, witness said that when lie signed the memorandum lie did not intend to give up all claims for work done by.him. Mr. O'Leary subjected Jorgensen to a lengthy cross-examination. Mr. O'&eary asked Jorgensen if he was not in the habit of doing speculative work —supplying plans to the owners of property without specific instructions. Jorgensen denied that was the case, and in answer to another question, said that there had been only one speculative item in the work he had done for Dwan. LITIGATION EXPERIENCE. Mr. O'Leary asked witness whether he was not an experienced litigant. Witness said he had been sued once or twice, and he himself had sued other people once or twice. He denied he had been a litigant many times. Mr. O'Leary: "You give your name to the law reports, don't you?" Counsel quoted a case. His Honour: "I think I could also find the name of Dwan in the law reports." (Laughter.) Replying to another question by Mr. O'Leary, witness denied tho suggestion that he was using tho contents of a letter written in February to got him out of a difficulty created by another letter. He claimed that if in June, 1929, Dwan had said he was finished —that the projects were over—ho would have rendered his account there and then.