A STARTER’S FEES

Hokitika Guardian, 21 March 1930, Page 7

A STARTER’S FEES

LIABILITY OF RACING CLUB

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An unusual civil action of importance to racing clubs and their officials came before the Magistrate, Air Harper, when ILalph Howard Skipwith, official stater to the Poverty Bay Turf Club, claimed liis usual fee for a two days' meeting, /lie meeting was set down for October 24 and 2(1, but bad weather necessitated a postponement until October 26 and 28. Skipwith had made a prior engagement to start at Cam I, ridge on October 28, and therefore could not start at Gisborne on the second day. The club therefore engaged the services of another starter, J. D. Donovan, of Hawke’s Bay, and paid him £25. Skipwith claimed that lie had fulfilled his part of the contract by being in readiness to start on October 24 and 26, and claimed the usual fee of £35. For the club, the president, Mr .J. W. Nolan, and the seeretarv, Mr D. R. De Costa, denied that plaintiff had car-,

ried out his duties and counterclaimed £25, the fee paid to Donovan. *

Mr L. T. Burnnrd, for plaintiff, contended that the meeting was set down for definite dates, October 24 and 28. and plaintiff was present to carry out his duties. It was only 'force of circumstances that prevented him from remainin'* for the meeting on Monady, October 28. He bod been encaged for the Cambridge meeting, and. if lie failed to attend be would obviously have been liable to a breach mf contract.

Mr F, W, Nolan, who appeared for the club, said the case was being contested by the club as a matter of principle, being of the utmost importance to all clubs in the Dominion. If the postponement of meetings were to involve all clubs in payment to officials if those officials were not there to carry out their duties, a serious loss to the clubs might result. Plaintiff bad admitted that his appointment was subject to the Rules of Racing. It was admitted also that a club was within

its powers in postponing a meeting from day to day if.the weather was unsuitable. It was maintained that nlairitiff was engaged as starter for the October meeting, not for October 24 and 26, though it was true that be re-

ceived an indication of the dates of the meeting from the dates fixed by the Racing Conference.

After evidence bad been heard, the Magistrate said the whole question at issue was whether plaintiff was engaged, as lie stated to start for the club on October 24 and 26, or to start at j the October meeting, as stated by the club. He .must bold that the contract with plaintiff was that he should start oil October 24 and 26. Plaintiff was in Gisborne on those days, and was ready and willing to perform his part of the contract, but, owing to the weather, the races, through no fault of bis, were postponed. The Magistrate admitted that this was a hardship on the Huh, hut it was one which could not have been avoided, and the club must be prepared to find a substitute for an official who was not able to remain on the spot.