CLAIM FOR LAW COSTS

Sun (Auckland), Volume III, Issue 838, 5 December 1929, Page 1

CLAIM FOR LAW COSTS

Action Over Transport Board

ELECTORS RESENT LIABILITY Morton and Lundon Face Claim AN arrangement that Messrs. F. S. Morton, until recently a member of the Auckland Transport Board, and J. R. Lundon, a member of the City Council, should indemnify three electors of the Auckland Transport district from all costs and expenses incurred in a recent Supreme Court action which was brought to test the validity of the reappointment by the council of six members of the Transport Board is alleged in a claim filed at the Magistrate's Court this morning.

Malcolm Turkington. gentleman, Frederick William Jeffers, draper, and George Wigg, coal merchant, claim £72 16s 6d from F. S. Morton, company director, and J. R. Lundon, agent. Mr. C. J. Lovegrove is solicitor for plaintiffs. According to plaintiff’s statement of claim, defendants, in or about June, 1929, requested plaintiffs, who were electors of the Auckland transport district, to bring an action at the Supreme Court to test the validity of the reappointment of six members of the Auckland Transport Board by the Auckland City Council. Defendants had agreed, in consideration of the action being brought in the public interests, that they would indemnify plaintiffs from all costs and expenses incidental to the action. The case had been heard before Mr. Justice Herdman, at the Supreme Court, and on October 3, costs amounting to £74 12s had been awarded against plaintiffs. Costs amounting to £32 13s 6d had also been incurred by plaintiffs with Earl, Kent, Massey and Northcroft, for conducting the action. On or about November 27, plaintiffs had agreed to pay between them £9 9s, but held that the balance should be paid in the terms of the alleged agreement with defendants. Except for

£25, the statement continued, defendants had not paid, and there was duo and owing by defendants the sum of £72 16s 6d, made up as follow:—Costs incurred with Earl, Kent. Massey and Northcroft, £32 13s 6d. less cash. £25, £7 13s 6d. Supreme Court costs, £74 12s. Total, £B2 5s 6d, less cash £9 9s, £72 16s fid. The City Council’s original six nominees, Messrs. J. A. C. Allum, chairman. C. G. Ashley, G. Baildon, M. J. Coyle, A. J. Er trican and E. .T. Phelan, were appointed to the board when it was first constituted on November 15. 1928. They were removed from office by resolution of the council after the municipal elections in May this year, but were re-elected to office two days later. The validity of these reappointments was tested in the Supremo Court on September 12 last on a petition by three effectors for the removal of the “six” from office. Mr. Justice Herdman, who heard the action, found that the Supreme Court was debarred by section 14 of the Transport Act from deciding whether each of the six nominees was or had become incapable of holding office under the Statute and that the Magistrate's Court was the tribunal to decide this question Judgment was entered for the defendants with costs.