COMPENSATION CLAIM.

Auckland Star, Volume LIV, Issue 295, 11 December 1923, Page 3

COMPENSATION CLAIM.

j AKAST V. WHANGAKEI COUNTY. . A motion to set aside an interim judgment in favour of the plaintiff in the compensation claim by Clarence Akast against the Whangarei County Council on account of injury received in a- quarry accident was urged by Mr. J. 8. Lusford, on bciialf of defendants, Ibefore the Arbitration Court this morning. The interim judgment was given iin favour of Akast, on a stated case 'covering the preliminary objection by I defendants that bis claim bad lapsed, in that it had not been made within six months of the accident, when there wa-3 110 reasonable cause for the delay. Sir. Luxford now sought to have a new affidavit admitted, whioh had been ■ omitted by misunderstanding between solicitor and counsel for defendants, and I which would put quite a different complexion on the facts. Mr. E. W. Inder, for the plaintiff, submitted that by the rule 3 governing new trials, the 'application could not be i granted. Thw view ivas xipheld by the Court, Mr. Justice Frazer stating that the evidence now sought to be admitted had been available at the time of the I hearing on the preliminary ipoint of law, I but bad not then been put before the Court, possibly throu.il> failure on the part of defendant's solicitor to realise its significance. The motion was <iisrnissed, and the matter of costs was left over for arrangement after the hearin? of-the claim, which was fixed for Monday afternoon.