MAN'S INJURIES

Evening Post, Volume CXVI, Issue 48, 25 August 1933, Page 9

MAN'S INJURIES

ACTION AFTER SIX MONTHS

Non-complianco with sub-section 2 of section 353 of the Municipal Corporations Act, 1920, requiring any action to be commenced within six months after the act or thing complained of was done or omitted, was waived in a judgment given by the Chief Justice, Sir Michael Myers, in the- Supremo Court today. The case is believed to be the first in which sub-section 8 of section 353 has come before the Court for interpretation. James Laming was the plaintiff, and tho defendant was the Wellington City Corporation. Sub-section 8 provides that in cases of injury to the person (whether resulting ill death or not) the Court may, before or at the trial, waive the noncompliance or-•insufficient compliance with sub-sections 1 and 2, if satisfied that there was reasonable excuse, and on such terms as the Court thinks fit. _

The plaintiff was injured in an accident in March, 1932. He was taken to hospital and was in bed at the hospital for about seven months. During that time ho took no stops to consult a solicitor. When eventually ho did see his solicitor tho period of six months mentioned in sub-section 2 of section 353, had elapsed. His Honour said that the plaintiff's statements were uncontroverted. In the absence of any such contradiction he considered that he should accept the plaintiff's statements; and, that being so, his Honour said that in his opinion the facts stated "could be accepted as a "reasonable excuse" for the plaintiff's non-eompJ.taace with sub-sections 1 and 2. He thought, therefore, that such non-compliance should be waived, and he ordered accordingly. Mr. E. P. Hay appeared for the plaintiff, and Mr. W. E. Leicester for the defendant.