ENGINEER’S CLAIM

Sun (Auckland), Volume III, Issue 833, 29 November 1929, Page 10

ENGINEER’S CLAIM

ROAD BOARD SUED FOR £2,199 PLEA FOR NON-SUIT The Mount Wellington Road Board's defence to a claim for £2,199 for professional services by its former consulting engineer. Samuel Trevor Dibble, was commenced before Mr. Justice Blair in the Supreme Court yesterday afternoon and was continued today. Mr. Dickson and Mr. Fiddes appeared for plaintiff and Mr. Towle represented the board. The sums claimed represented fees for plans prepared for work not. proceeded with and commission for the supervision of road construction work. Six items were disputed, and after lengthy examination of Dibble, two of these items were abandoned. On behalf of the board. Mr. Towle applied for a non-suit in regard to two items, on the ground that no sufficient contract was proved, but the uon-suit point was reserved. Thomas L. May. formerly clerk of the board until May, 1927, gave evidence in rebuttal of plaintiff’s claims. James Wood, a member of the board for 20 years, said that Dibble hud undertaken to forgo fees on one set of plans he had prepared. Other plans, for which he claimed, were not ordered by the Council. Dibble did a lot of things he was not instructed to do. said witness. Corroborative evidence was given by John William Hotham. formerly a member of the board. His Honour found for the defendant board on two items involving £6$S and entered judgment for plaintiff for £l6B. and also on the counter claim of £6S.

A stay of execution was granted to enable counsel for plaintiff to submit legal argument.