A FAULTY METER.

Hauraki Plains Gazette, Volume XXXVIII, Issue 5145, 29 June 1927, Page 1

A FAULTY METER.

DECISION FOR BOROUGH COUNCIL.

DEFENDANT LODGES AN APPEAL.

Claiming the sum of £lOO for the supply of electric current to lights connected with a meter in a hotel belonging to Henry Bradbridge Tuckei the Palmerston North Borough Council in March of this year, brought an action against him before Mr J. L. Stout, in the Magistrate’s Court, and judgment was given for plaintiffs for the sum of £75. More of this action was heard by Mr Justice Ostler, in the Supreme Court last week, when Tucker appealed against the Magisstrate’s decision.

At last week’s hearing Mr F. H. Cooke appeared for respondent and Mr H. Cooper for appellant.

Reviewing the case, the Magistrate in his judgment stated that there were three meters in the hotel, one of them failing owing to the recording disc becoming jambed. Thus for about ten months current supplied by this meter passed unregistered. The council in consequence took an average of the current supplied by this meter, and estimated the value of the unregistered current supplied at about £llO, suing for £lOO of this amount. In the original action defendant denied any liability for the current in question, but the magistrate held tnat the general principle that where a person had taken any benefit under a contract, even though the contract had not been fully executed, he must pay for the benefit received, governed the case: under dispute, and he gave judgment as stated. Tucker has now appealed against this decision on the ground that there was insufficient evidence of the quantity of electrical energy consumed and insufficient evidence of his having consumed current to the value of £75. Appellant also' claimed that under the general conditions of the borough by-laws respondent was not entitled to recover for electrical (energy consumed prior to February, 1925. Thus the question to be decided by the Supreme Court is whether the decision of the magistrate was right in law or in fact. Judge Ostler reserved his decision.