JUDGE’S COMMENT.

Ashburton Guardian, Volume 64, Issue 179, 11 May 1944, Page 3

JUDGE’S COMMENT.

COMMISSION NOT REPRESENTED.

WATERSIDER CLAIMS DAMAGES. (P.A.) WELLINGTON, May 10. Comment that the Waterfront Control Commission had duties imposed on it by the regulations, and that it seemed to him it ought to file a statement of defence and make an appearance in a claim for damages arising out of injuries on the Avaterfront, Avas, made in the Supreme Court to-day by the Chief Justice (the Rt. Hon. Sir Michael Myers) at the hearing of a case in Avhich the Commission Avas cited as defendant, but Avas not represented. The case Avas one in Avhich David Alexander, aged 64, claimed £SOB 15s damages from the Waterfront Control Commission and the ShaAV Savill.aiid Albion Company, Ltd., for injuries suffered Avhen he was struck on the head bv a sling of cargo.

It seemed extraordinary, if the Commission controlled the gear, that the Commission did not file a statement of defence, commented his Honor. It seemed to have a duty to do so. EA'en if it admitted plaintiff’s right to damages it should file a defence and ‘appear.’ He did not suppose any difficulty arose in the present case, but serious difficulties prejudicial to the plaintiff or the other defendant might arise in some cases.

The jury awarded £ 250 general damages and £l2B special damages. Judgment was entered against both defendants.