PRIVY COUNCIL

Hokitika Guardian, 29 July 1933, Page 5

PRIVY COUNCIL

NEW ZEALAND APPEAL ALLOWED ’QUAKE COMPENSATION' (United Press Association —.by Electric Telegraph—Copyright;. (Received this day. at 9.30 a.m.) LONDON, July 29. The Privy Council allowed the appeal, with costs in the case of Brooker versus Thomas Brothwick, and sons, FOUR APPEALS ALLOWED. (Received this day at 11.30 a.m. ) LONDON, July 28. The Privy Council allowed four consolidated appeals from the New Zealand Appeal Court. The judgments were Brooker versus Borthwick’s; Ryan versus Borthwick’s; Prendergast versus Nelsons; Ashwells versus B reman. It was held that the accident, on which the actions were based, which occurred during the earthquake of February, 1931, arose “out of” the employment of the workers involved therein, because they were injured by physical contact with a portion of the premises in which they were employed, or, as in Ashwell’s case, injured while in the street in the course of employment. 1 ,■ Respondents pay the appellant’s costs. A London message on July 13 stated: The Privy Council reserved judgment in the ease of Brooker versus Borthwielc of New Zealand. It was explained that a number of applications were made under the Workers’ Compensatim Act in respect of persons killed of injured in the Hawke’s Bay earthquake Certain cases representative yf tiii whole were, by arrangement amongst the parties concerned, brought before the New' Zealand Court oi Ap peal which decided that injuries sustained by workers, or deaths of workers, did not arise in the course of their employment. To provide the necessary funds for the appeal to the Privy Council an application was made for asistance out of the earthquake relief fund and the central committee made a sum available for tins purpose. The committee was actuated by consideration that, if compensation could he obtained by means of the appeal, there would be a saving of portion of the burden of providing for persons injured, or the dependents of persons injured or killed. The costs are to be refunded from any moneys recovered if the appeal is successful.