APPEAL COURT.

Gisborne Times, Volume XXIII, Issue 1821, 30 July 1906, Page 3

APPEAL COURT.

I’KESS ASSOCIATION Wellington, Saturday. Id the Appeal Court, in tbo case of LvsDar v. Dunlop and another, on the application of Dr Findlay, leave was given to appeal to the Privy Council on security being found for the sum of £2OOO. Stay I of proceedings wsb granted meanwhile, but the Court ordered that accounts should be taken before the Registrar, notwithstanding the Btsy of proceedings, and that the decree be settled by the Supremo Court. The appeal in the ease of Baillte and Co, v. Reese, of Pahiatua, was dismissed. De- ] fendant had, on the Chief Justices decision, been awarded £sl 10s, Bn amount short of the award rate not paid him as an employee in appellants’ printing offioe. This judgment will have a far-reaohing effect in New Zealand. The effect of it is that all employees working under awards of the Arbitration Court who have been paid less wages than the minimum fixed

; by tho award oau reoovor from their em ployers in a Court of law tho d'fforonoe botwocn tho award rato and tho wageo Actually paid them. This decision io likely to involve muoh litigation. In tho oaBO of Oowliehaw and others v tho Ohriatohuroh Press Company, Ltd., and anothor, Mr 801 l applied for loavo to appoal to the Tiivy CJounoil from tho

dooision of tho Court of Appoal. Mr Von Hoast, on behalf of defendants, said that ho oould not obj'ot to tho application booauso if tho dooision had boon tho other way his instructions wero to apply for loavo to appeal. Leavo was granted on security beiog found for oosts. Judgment was given in tho oass of Gardioo.' and Sim v. Mair, onginoor of tho RaDgitikoi County Counoil. Appellants have boon mulotcd in tho oost cl repairing a road over whfoh they oarried timber. The Court hold that appellants oould be made liable under seotion 138 of tho Publio Works Act, 1894, although thoy bad paid license foes for heavy trafiio to the County Oouuoil. Tho appeal was dismissed with oosts.