CLAIM AGAINST DRAINAGE BOARD.

Auckland Star, Volume XLII, Issue 176, 26 July 1911, Page 6

CLAIM AGAINST DRAINAGE BOARD.

RESUMED HEARING. POSSIBLE CLAIM FOR £20,000. The claim brought 'by Mr. W. R. Holniee against the Auckland and Suburban Drainage Board, for £1000 as damages in respect of alleged damage done to has property at Orakei, through the operations of the Board in connection with the Auckland Drainage Scheme, was continued to-tlay. The case was heard in the City Council Chambers, the S.M. Court being unsuitable owing to the hammering caused by -workmen engaged tin the Courtyard. The Assessors were Mr. C. C. Kettle (President), Mr. W. Duncan (assessor for claimant), and Mr. Geo. Eliott (aaeessor for the Board). Counsel appearing were Mr. J. R. Reed and Mr. G. M. Newton for claimant, and Mr. T. Cotter and Mr. E. M-eVeagh for the respondents. The plaintiff, who is the lessee of a 20 acres section at Orakei, with a frontage of 1210 feet to Wha-katakataka Bay, complained that the Drainage Board's sewer which runs seawards through the miiddle of his property had depreciated the value of it to the extent of £1000. The beach, he alleged, had teen converted into a mud bank to'the extent'of COO feet, through the debris of the sower tunnel being washed up; access to the harbour was lost, and a spring of water had been destroyed, which took away the grazing value of the land. In addition the claimant alleged that the only available route for road was spoiled, and moreover the whole of the land had depreciated for building purposes by reason of the unsig'htliness of the sewer and the lessening of Us value as a residential and mercantile site.

The first witness called this morning •was Mr. John Bollard, land valuer, who stated that the residential value, proI vided the land was sub-divided, had depreciated in his opinion to the extent of £400. If the property could be cut up iinto four allotments they would now let at £5 a year less than formerly. Through the spoil being deposited on the beach, etc., he estimated the damage at £300, and £200 for the loss of the spring if it was as good it had been said to be. Then it was an impossibility to construct a jetty owing to the sewer. The very fact that the sewer ran along i:he frontage would put a great many ' people off taking up theijr residence there.

Mr. G. W. Basley, solicitor, said he was acting for the native owners of the land when the land was leased t*Mr. Holmes. He knew the property well, and two years ago he last saw the spring, which was then a good one. Cross-examined by Mr. Cotter, witness admitted that notice of claim had 'been put in by his clients in respect of the damage done to their interests by the drain, but emphatically denied that they had not put in the amount to be claimed in order to see how the present ease went. Asked nf he knew that the Government valuation of the 20 acres in question was only £240, witness replied "That's absolutely absurd. I should say the value was more like £1*500." Mr. Cotter: As a matter of fact the valuation of £240 was objected to by the owners as being too hdgh. What was the freehold of the land when Mr. Holmes took ifc on lease? —I think aJbout £2000. Are you aware that the value was gdyen at £700?— No. Edward Bevasis, the owner of some property with a frontage to the Qrakei 'basin, gave evidence for the claimant. He <was asked by Mr. Keed whether he ■was a possible claimant against the Drainage Board, and he replied that he was. Mr. MtfVeagh questioned the witness as to the extent of his possible claim? s!r. Bevans said he did not know yet. Eventually, on being asked by the Presidant, the witness said he would adm>t■withou£ prejudice, that his claim. mig&u bo for £15,000 or £20,000. agajnst the Board. The witness was cross-examined by Mr McYeagh at some length as to thq conditions'of the brench before and after the drainage operations. Concluding, the witness said he had paid for the carriage of goods, sent frem Aupkland by punts, at the rate of 94 per ton, but the same goods sent by road would cost 25/ to one of his propertiet and 12/6 to the other. ' f " * (Proceeding.)