Kaiwaka Compensation Case.

Kaipara and Waitemata Echo, 12 February 1913, Page 3

Kaiwaka Compensation Case.

TO BE HEARD BY SUPREME COURT

The compensation case, Robert Eos s versus the Minister of Public Works claim for £897 2s 8d for some 35 acres of lann appropriated by the Government for Railway purposes at Kaiwaka was again under the notice of Mr Justice Cooper in Auckland last Thursday, tne judge sitting as President of the Compensation Court. Mr Me Grregor appeared for the claimant and Mr Shera for the respondent. The poiut to be decided was whether the question of law should be argued before the judge (as President of Compensation Court) or whether the Judge sitting as President of tho Compensation Court, should state a case for the Supreme Court. Mr Shera remarked that in regard to his Honour's previous suggestion that the case should be heard dy the Court of Appeal, he had received a telegram from the Department, stating that the Crown Law Officers had been advised not to pay the cost accruing from taking the case to the full Court.

His Honour stated that there would be no appeal from any decision the Supreme Court might come to in the matter. He would like the case to go to the Appeal Court, but there was no machinery for carrying this method into effect. The case raised a very important point as to whether, under the Public Works Act the Court was called upon to set-off against any loss or damages the claimant had suffered by,the construction of the railway, the amount of the betterment of the property due to the construction of the railway, seeing that such increase affected all the land in the district and not claimants property alone.

With th« consent of counsel his Honour decided to draw up a case for hearing by the Supreme Court.

The Compensation Court was then adjourned until March 6th.