STARTER'S FEES.

Waikato Times, Volume 107, Issue 17973, 19 March 1930, Page 6

STARTER'S FEES.

RACING CLUB SUED. AM tP/iPORTANT PRINCIPLE. POSTPONEMENT OF MEETING. (By Telegraph.—Press Association.! GISBORNE, Tuesday. An unusual civil action, of importance to racing clubs and their officials, came before the magistrate, Mr G. Harper, to-day, when Ralph Howard Skipwith, official starter to the Poverty Bay Turf Glub, claimed his usual fees for a two-days’ meeting. The meeting was set down for October 24 and 26, but bad weather necessitated a postponement till October 26 and 28. Skipwith had made a prior engagement to start the races at Cambridge on October 28, and therefore could not start at Gisborne on the second day. The club therefore engaged the services of another starter, Mr J. D. Donovan, of Hawke s Bay, and paid him £25. Skipwith claimed that he had fulfilled his part of the, contract by being in readiness to start on October 24 and 26, and claimed his usual fee of £35. For the club the president, J. W. Nolan, and the secretary, D. R. De Costa, denied that, plaintiff had carried out his duties, and counter-claimed £25, the fee paid to Donovan. Prepared to Carry Out Duties. Counsel for plaintiff contended that the meeting was set down on definite dates, October 24 and 26, and plaintiff was present to carry out his was only 7 force of circumstances that prevented him from remaining for the meeting on Monday; October 28. _ He had been engaged for the Cambridge meeting, and if he had failed to attend he would obviously have been liable for breach of contract. Counsel for the club said the case was being contested by the club as a matter of principle, the principle being one of the utmost importance to all clubs in the Dominion. If the postponement of meetings were to involve all clubs ii\ payment to officials, if those officials were not there to carry out their duties, a serious loss to the clubs might result. Plaintiff had admitted that his appointment was subject to the rules of racing. It was admitted also that a club was acting within Its powers in postponing a meeting from day to day, if the weather was unsuitable. It was maintained that plaintiff was engaged as starter for the October meeting, not Tor October 24 and 26, although it was true that he received an indication of the dates of the meeting from the dates fixed by the Racing Conference. Judgment for Plaintiff. After evidence had been heard, the magistrate said the whole question at issue was whether plaintiff was engaged, as he stated, to start for the club on October 24 and 26, or to start at the October meeting, as stated by the club. The magistrate said he must hold that the contract with plaintiff was that he should start on October 24 and 26. Defendant was in Gisborne on those clays, and was ready and willing to perform his part of the contract, but. owing to the weather the races, through no fault of his, were postponed. The magistrate said he admitted that Ibis was a hardship on the club, but it was one which could not have been avoided, and flie club musl bo prepared t o find a subsl itutc for an officer who was not able lo remain on the spot. Judgment was given for Skipwith for Die full amount of his claim, and also on the counter-claim, with costs.