CONTRACTORS' LIENS.

Auckland Star, Volume LV, Issue 150, 26 June 1924, Page 8

CONTRACTORS' LIENS.

SEQUEL TO BANKRUPTCY. A CLAIM KSTABLTSHEI). A reserved judgment was delivered ; verbally by Mr. .Justice Stringer at the Supreme Court ibis morning in an action in which the Auckland Timber Company (.Mr. Gould) sought in recover £_07/l_/!l and £205/1."!/1 for timber supplied for the erection of dwellings for Arthur K. Addison (Mr. Sellar) and A. j I'ottrell respectively. The proceedings j were taken under the provisions uf the Wages I'roteciiuii and Contractors' Liens Act. It was alleged that the timber, had been delivered to the order of Ihe j builder. Thomas V. f Iriflillis. of Point Chevalier, who became bankrupt on • February S. lfli'l. Mr. Cocker repre- j sented the Oflicial Assignee. At the i trial, evidence was given lo the effect , that Griffiths had a number uf houses; under construction, and that Addison's j premises were unfinished when the; bankruptcy petition was died. It was' alleged that Grillillis had been employed. by Addison to do the work, and that I he had placed an order on special terms with the Auckland Timber Company for ! the whole of the timber of (his house,] in addition to a quantity required lo i complete a house for Cot troll. ■ "I have arrived at (lie conclusion that plaintiffs have established their lien for \ £20.1, anil 1 make (lie order accordingly." said Mr. .lustice Stritiger. His Honor thought plain tiffs were entitled to costs. However, he would modify the costs, since he thought the defendants had > been put to more expense than he ■ thought lliey ouglil lo have been. A reasonable amount to allow would be IS guineas, with witnesses' expenses and disbursements. In another section of the same action, Auckland Timber Company. Ltd. (MrGohld) against Mr. and Mrs. Addison (Mr. Sellar). Mr. .lustice Stringer coin pleted his judgment by allowing .Mr. and Mrs. Addison :_"i guineas costs, and disbursements. . I ln this ease, the plaintiff company j •laimed a lien and charge for t'.'!i»7 on I certain money in hand, for balance ' alleged to 'be due on the contract price nf a building. The Addisons had contracted with Griffiths to build a house. Before completion. Griffiths went banknipt, and the Addisons had to com- ; plete the building themselves. As n. result, they had £207 in hand, which they were agreeable to pay to the slaintifT, or to the Oflicial Assignee— whoever should be entitled to it. The plaintiffs established their lien as to :he amount in hand by Addisons. from .vliich the last-named were to deduct for .hemsclvcs the sum of i"i guineas, costs md disbursements.