CLAIM AGAINST THE CROWN.

Taranaki Daily News, 9 March 1916, Page 5

CLAIM AGAINST THE CROWN .

A QUESTION OF INTEREST By Telegraph.—Press Association , Wellington, Last In the Supreme Court, before Sir. Justice Hosking, Mr C. B. Collins, of Wangiliui, appeared in support of the petition of Catherine Lena Broad, of Wanganai, to determine the right of suppliant to interest on the sum of £2343 2s lOd, the sum for which judgment was given in her favor in the Supreme Court on December 4, 1913, on a claim for damages in respect the death of her husband as the result of a level crossing railway accident. The Chief Justice, who gave the judgment on that occasion, reserved leave to the Crown to move to.set aside the judgment, and on August 4, 1914, the Court of Appeal set aside the judgment, but it was upheld by the Privy Council, and on September 7, 1014, tils sum in question was paid to suppliant. She, however, claimed £247 9s 4d tor interest on that sum, at the rate of $ per-cent, from December 4, 1913; till September 7, 1015. Mr. J. \V. Salniond, K.C. (Solicitor-General), represented the Crown. ■ * ■ Counsel for suppliant admitted that |n the United Kingdom interest was 09t recoverable as against the Crown, but he argued that under the New Zealand statutes interest was due and payabl* in such case; that its non-paym&it Constituted a breach of the statutory duty, for which suppliant was entitled to damages, the measure of such damages being the interest she was entitled to. : \ His Honor said that, so far, there ap« peared to be justice in the claim for interest, but justice as Against the ■ Crown was a difficult matter,' and it s seemed to be rather a question of thtt difficulty of getting it than of proving they were entitled to it. ' < The Solicitor-General contended: (1)' That the claim was barred by lapse ol ' time; (2) that no petition of right would lie upon the judgment obtained in the previous petition; and (3) thai judgment on a petition of right did wjf ] carry interest as against the Crpiflfc I wa» rwervei "1