THEATRE WALL LEFT IN DANGEROUS STATE

Sun (Auckland), Volume II, Issue 494, 25 October 1928, Page 1

THEATRE WALL LEFT IN DANGEROUS STATE

ENGINEER TILTS AT LAW “PRETTY EXHIBIT FOR COURT” The fact that a wall of the Delta Theatre, New Lynn, is in imminent! danger of collapse was brought home forcibly to litigants in the Supreme Court this morning by Mr. F. E. Powell, a civil engineer, during the course of his evidence. Owing to the subsidence of earth from the foundations as a result of tunnelling operations beneath the theatre the wall had developed a dangerous crack on May 13 last. The tunnel contractors had driven piles to support the wall and these had sunk from the foot of the wall, leaving it suspended. Mr. Powell remarked that nothing had been done to ensure the safety of the 'building. In effect, he suggested the lawyers in the case were probably responsible. “I have noticed that when the law begins to move it moves slowly,” he observed. “Let us clear up,” said Mr. E. H. Northcroft, counsel for the New Lynn Town Board, a deefndant in the action. “We have wanted to make the wall safe, but were forbidden by an engineer on the other side. While we are arguing here the wall may fall down.

“It makes a pretty exhibit for the court to leave a gaping hole beneath the wall,” counsel remarked, referring to a visit of ‘inspection of the damage by Mr. Justice Blair. Mr. G. P. Finlay, for a plaintiff who sought damages from the board, denied his side had withheld authority. “Well.” said Mr. Northcroft, “can we go ahead with the work at once?” “Certainly,'* replied Mr. Finlay. “We do not withhold authority.” The contractor, who was present in court, was thereupon instructed to attend to the work forthwith. “It should have been done weeks ago,” commented his Honour.