RATEPAYER’S CLAIM

Sun (Auckland), Volume IV, Issue 990, 5 June 1930, Page 12

RATEPAYER’S CLAIM

TAKAPUNA COUNCIL SUED FAILURE TO MAKE ROAD The Takapuna Borough Council sued before Mr. Justice Smith, in tie I Supreme Court today, for £BS damag I for failure to carry out an agreeing made in September, 1927. to construct i I road on Marine Terrace, Baysv at «. The action was brought by Mrs. Mar.'s 1 Dennett Braund. Mr. Hampson appeared for plainu : and Mr. Gould represented the defer . I ant. According to plaintiff, who waswai*. * ing to build a house, the work had bee, j carried out only through continue ! pressure on the council, culminating the issue of a writ. The house wa ! started in October, 1928, and plain*;: : entered into possession in Januar 1929, but proper road access was no- ! given for several months later. The ! sum of £25 rates was claimed for P.tmonths plaintiff had been deprived c the use of the section, £SO damage* and £lO legal expenses. The sum of £25 was paid into cour. by the council in full satisfaction of the claim. For the defence, it was contend*: that the rates, which had not beecharged. represented reasonable compensation. The use of the sectio: had never been lost to plaintiff, nt: could have built on it earlier if sit had wished. “One does not like to encourage rat*i payers to sue a council that is endeavouring to improve the amenitie.i in the borough.” said his Honour, it | awarding plaintiff £SO damages. Hf j held that the council was hound to : carrj' out the work within six months and although the council had diffieu’.- ; ties there were not sufficient to affec: ‘ the contractural rights.