TE ARA! ESTATE.

Gisborne Times, Volume XXV, Issue 2228, 4 November 1907, Page 1

TE ARA! ESTATE.

JUDGMENT OF THE COMPENSATION COURT.

At tho Courthouse on Saturday morning judgment was delivered by tho Chief Justice in tlio cases brought by tlio Hon. Randal Johnson, owner, and Mr. Joint Clark, lessee, of the To Arai estate. Prefacing tlio judgment in the owner’s caso tlio Chief Justic© —“I regret that tho award is not uraio. mous, as Mr. Bateson is a disse iting party. Ho is of opinion that the amount is helow tho selling mine. Mr Matthcwson, on tho other hand, states that ho reluctantly agrees to tho amount iixed, so that there may bo an award. lam not surprised at tho disagreement. Tlio values given by tho exports are irreconcilablo. Tho avorago of the claimant’s valuers was in round numbers £136,000, whilst that of tho respondent’s valuers was £IOI,OOO. Tho claimant’s own claim was £127,000, whilst that of ono of his valuers was £143,000. Ono of tho Government’s exports fixed tho value at £97,000. As it was useless to roconcild these conflicting valuations, I had to discard them and adopt another test. I took tho carrying capacity ns fixed by'Mr. Clark for three years, and 1 took tho value for sheep as fixed by tho only witness cnlled for tho claimant engaged in sheepfarming in tho district, Mr. Strachan. This rate was higher than the properties mentioned by Mr Brotlrick and Mr. Lewis as having been sold during the last two years fetched. On this basis I acted, adding a sum for buildings, and for land used for .raising grass-seed. “Johnson v. Minister of Lands. — Tho amount of tho award in this caso is £106,502. This includes costs allowed, and a deduction has been made of £3474 for goodwill of lease of two and one-tliird years. As by law tho compensation is not payablo under tho Act until effective occupation is given, and as the date for that occupation is fixed' as tho 30 th March, 1908, the claimant will be entitled to all the rent under tho lease until that date. Each party will pay his own costs and assessor. I fix each assessor’s fee at £6O. I can only fix a fee for each sitting day, and the claimant’s assessor, though sitting in Court, was not sitting as an assessor on Thursday •afternoon or Friday. If no agreement is come to as to interest 5 per cent is fixed, to begin to he payable after tho 30th of March, 1908.

“Clark v. the. Minister of Lands.— The amount of tho award in this caso is £7447. This includes costs. Each party will therefore pay his own costs ■and assessor. I fix the assessors’ fee at £3O each. I can only fix for each day’s sitting on tho caso. Tho claimant will pay his rent to the owner, Mr. Johnson. If no agreement is come to as to interest, 5 per cent is fixed, to begin to be payable on the 30th March, 1908. In this caso the award, I am pleased to say, was unanimously agreed to.”