APPEAL COURT.

Taranaki Daily News, 26 July 1921, Page 4

APPEAL COURT.

A QUESTION OF SALARY. By Tdegrnah. -Pre«w Assoclfltifln Wellington, Last Night. The Court of Appeal this morning gave judgment,in the case of Cutten and others v. Sutherland, hoard on July 13. This wa> au appeal from the judgment of the Chief Justice in which he directed a mandamus to be issued against the Post and Telegraph Appeal Board ordering it-to hear an appeal by the respondent Sutherland on the question of the special increment allowed to him.

The Chief Justice held that there had been a determination as to Sutherland’s salary, and that therefore he had the right to appeal.

Mr. Justice Stringer delivered the judgment of the Court, in which he said the Court was of the opinion that the Chief Justice was right in holding that this list published by the department in April, 1920, was not 11 classification list on which an appeal could be made. The Court of Appeal, however, disagreed with the Chief Justice on the question as to whether the granting of special increment was a “determination of salary”. The word “salary”, said Mr. Justice Stringer, did not include increment. The Act, he said, clearly intended that the matter of special increment should be left entirely to the secretary of the department, and therefore the Court was of the opinion that the decision of the secretary on this matter could not be appealed against. The appeal fcas therefore allowed.