WARDEN’S COURT, HOKITIKA

Hokitika Guardian, 4 November 1920, Page 1

WARDEN’S COURT, HOKITIKA

WEDNESDAY, NOY- 3rd. (Before Warden Maunsell). afternoon sitting. The Warden after consideration gave judgment in the cross actions of W. H. Robinson (Mr Wells), and WhUey Ltd. (Mr Murdoch), the former applying' for a timber' reservation, and iahter for a sawmill license over the same piece of ground on the. Kokatahi road. The- Warden ’ struck out the application of \y. H. Robinson and granted the application of Whiley Limited, costs' £3 3s. being granted as counsel’s fee against W. H. Robinson. 'SUIT.” J. R. Dann (Mr Wells), v. R. Whiley (Mr Murdoch) a suit for £SO damages and an injunction requiring defendant to remove an obstruction in the right ]land branch of the Kanieri river. ■ For' the plaintiff' evidence >vas led to 'tlio effect that* an obstacle had been placed in the right hand branch of the Kanieri river at the intake of the defendant’s water race’ for supplying water to his sawmill, thereby preventing the flow of water down the creek, to 1 the intake of the plaintiff’s water race, and depriving him of a supply of water for Wining' ' purposes. It was proved that plaintiff ; had priority of right to the water. 1 ' For the defendant it was proved that Whiley. was 'not at the time the suit was commenced, the owner of the water race at the intake of which the obstruction had been placed, the same having been transferred to Whiley Ltd. prior to the commencement of the action.' Evidence was also given that the obstruction existed at the time the waier race was acquired !by defendant from .T. R. Class. The Warden non-suited plaintiff,’ allowing counsel’s fee £3 3s to defendant.