CALLIOPE DOCK DISPUTE. THE HARBOUR BOARD ARBITRATION. MR KNOX'S AWARD. £3,878 TO BE PAID TO MR LANIGAN. Auckland, Dec. 10.
This afternoon the Auckland Harbour Board received the following note from their solicitors, Messrs Russell and Campbell:— "Re Lstnigan —The costs of the arbitrator having been paid, he has published hie award in the Pierce Lanigan • Harbour Board case, and we herewith hand you .same, for your information*" The noto was accompanied by a document containing Mr James Knoxs award in the case, which was as follows :: — *• Whereas disputes and differences have arisen between the Auckland Harbour Board and Pierce Lanigan, of Auckland, contractor, regarding certain works in relation to the Calliope Dock, done under two contracts between the said parties, dated respectively on oraboutthe 25th day of November, 1884, and tbeuthday of February, 1887, and whereas the said disputes and differences have been referred to me, the said Jas. Knox, as abitrator for my decision. Now know ye that I, the said arbitrator, James Knox, having on the second day of September, 1889, began and entered upon the said referencei and having taken upon myself the burthen of the said reference, and having been attended from time to time by the said parties and their counsel, and having duly and carefully examined, weighed, and considered all and singular, the several claims and counterclaims, allegations, and statements of the portion, and also the contracts, conditions, plans, specifications, accounts, vouchers, documents, papers, writings, and proofs, of the parties which have been given in evidence before me concerning the premises, and havinp examined the works and having duly weighed and considered all and singular the matters and things referred to me, omitting nothing, I do hereby make and publish my award and decision, that is to say: —l hnd, award, decide, determine, order, and adjudge this :—(1) On the final general adjustment and balance of account between the said Auckland Harbour Board and the said Pierce Lanigan, and taking into consideration, as already mentioned, the matters referred, and omitting nothing, the said Board is indebted to the said Pierce Lanigan, and the balance or sum owing by the said Board to the eaid Pierce Lanigan, is the balance or sum of three thousand eight hundred and seventy eight pounds nine shillings and fourpence, and this said balauc© is the total sum and tho only sum now due, owing, or payable by th© Harbour Board to the said Pierce Lanigan in respect of all and singular matters and things referred to me by the said parties, and except this said balance the Board are not indebted to the said Pierce Lanigan in any sum of money or upon any account whatsoever. (2) The said Auckland Harbour Board shall forthwith pay the said balance or sum of £3,87,8 9s 4d to the said Pierce Lanigan. (3) The aforesaid balance or sum awarded to be paid, as aforesaid, shall be paid and accepted as and for full and complete satisfaction and discharge, and as a final end and determination of ail disputes and differences, and all accounts, claims, and demands of whatever kind the same may be between the said Auckland Harbour Board and the said Pierce Lanigan referred to me by tke said parties. In witness whereof I, the said Jas. Knox, have hereto set my hand this 3Otb day of October, 1889.—Jas. Knox, C.E. Witness : Wm. Coleman, solicitor."
MR LANIGAN ACCEPTS £3,869. This afternoon the following letter was also read at the Board meeting from Mr John M. Alexander, solicitor, for Mr Lanigan : — "To the Secretary, Sir, —He Lanigan. —l have the honour again to address you on the subject of the Calliope Dock dispute, with the view of having it finally settled if possible. Mr Lanigan is now prepared to accept from the Board, in full settlement of his claims, tho sum of £3,869, being the sum 5 at which his claim has been assessed by the only person who has as yet had one opportunity of hearing both sides fully. This offer is of course withou t prejudice,j udice, and as the proposed basis of settlement seems to be a very reasonable one 1 trust the Board trill see their way to accept it. —I have, etc., J. M. Alexander. " The amount claimed by Mr Lanigan was £21,32010s 6d, and against this the Harbour Board put in a counter claim for £16,20211s 6d. Mr Lanigan's claim was made up under three heads, viz.: (1) Loss caused by nonarrival of machinery; (2) loss caused by sending men to the defence works; and (3) loss caused by having to do certain work in winter which should have been done in the summer. The counter claim' included £7,500 penalties for non-completion of the work to contract time, claims for hire of dredge, and for noncompletion of certain portions of the work contracted for.
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https://paperspast.natlib.govt.nz/newspapers/TAN18891214.2.19
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Te Aroha News, Volume VII, Issue 428, 14 December 1889, Page 4
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809CALLIOPE DOCK DISPUTE. THE HARBOUR BOARD ARBITRATION. MR KNOX'S AWARD. £3,878 TO BE PAID TO MR LANIGAN. Auckland, Dec. 10. Te Aroha News, Volume VII, Issue 428, 14 December 1889, Page 4
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