IN BANCO.

Auckland Star, Volume XXVIII, Issue 179, 3 August 1897, Page 2

IN BANCO.

Robt. Sims and Othf.rs v. John Smyth. —Application under the Arbitration Act, 1890, to enter up the award as a judgment of bhe Court. —Mr Parr, who appeared for the plaintiffs, asked to have Mr Shepherd's award of £250 damages to bhe plaintiffs entered up as a judgment of the Court. The award was for a breach of contract for supplying logs to plaintiffs. There was also another award" of £79 2s Id to bhe defendant, for breach of contract on the plaintiffs parb in not supplying flitches to the defendant, and the question was whether the two obligations contained in the agreement were dependent or independent of each other. For the plaintiffs, Mr Parr said thab the arbitrator had treated the two contracbs aB independenb obligabions. He submitted thab as a matter of law the arbitrator was right in doing so, and in awarding damages for breach of contract in each case.—Mr Campbell for the defence urged that the whole consideration for bhe supply of logs was the supplying of flitches, and thab therefore the two contracbs were dependenb upon earh other. He submitted thab the plainbiff was not entitled to the judgment.—His Honor held that bhe award was good, and made the order as prayed. Motion for Prohibition.—Mr Jackson Palmer moved to prohibit the Warden from granting bhe Ocean Beach special claim.—Hia Honor said the only question at issue seemed to be whether an extension could be renewed.—Mr Palmer said that was so, and submitted points in supporb of his argumenb that the Warden had no power bo granb more extensions. — Mr Campbell, who appeared for bhe defendant, contended bbat the proper course for Mr Palmer's client (Mr Falvey) was to appeal. —His Honor upheld Mr Campbell's objection, and dismissed bhe motion, with £7 7s costs.