DAMAGED CAR

Evening Star, Issue 22451, 23 September 1936, Page 12

DAMAGED CAR

APPLICATION FOR AWARD TO BE SET ASIDE UNUSUAL CHRISTCHURCH CASE , [Per United Press Association.] CHRISTCHURCH, September 23. When a car owned ,by Ambrose Beeves Harris, a company director, was damaged he claimed the full amount of the policy of £3OO from the National Insurance Company of New Zealand. The claim was disputed, and went to arbitration, the umpire awarding Harris £275, the car to be handed to the company. In the Supreme Court to-day the company asked that the award be set aside. Mr Thomas moved for an order setting aside the award dated August 1, 1936, upon the grounds: (a) That the umpire exceeded his authority, (b) That the arbitrator (Mr A. F. Stacy) produced evidence on behalf of Harris. , (c) That the umpire accepted evidence not legally admissible, (d) That Mr 1 Stacy displayed bias in favour of Harris and against _ the company, (e) That Mr Stacy received secret information from Harris, (f) That Mr Stacy acted as advocate on behalf of Harris, (g) That the umpire (Mr George Daniel Simpson) failed to act judicially in that he allowed in evidence documents not proved and/or purporting ,to witnesses not subject to cross-examination. And (h) That Mr Stacy conferred with, Harris before entering on the arbitration clause in the policy set out that, in the event of a dispute, the matter should be referred to the arbitration of two 1 disinterested persons. The agent or the advocate could not be called a disinterested-person. The case is proceeding.