WAIRAKEI AGAIN.

Auckland Star, Volume LVII, Issue 110, 11 May 1926, Page 6

WAIRAKEI AGAIN.

RESERVED JUDGMENT GIVEN. i CLAIM AND COUNTER-CLAIM. "A LITTLE TILT." I ! Reserved judgment was given yesterday by Mr. E. C. Cutten, S.M., in the case Wairakei, Ltd., against A. R. , Graham. j The company sued defendant for the , return of £50 paid to him in connection with an inquiry into the affairs of the company made by him when he was a director. Defendant produced vouchers after the issue of proceedings. These showed the payment was made for out-of-pocket expenses incurred in making the inquiry. The company withdrew I flic claim but asked that defendant | should not be allowed costs because he should have disclosed these vouchers | when asked before proceedings were I commenced. The question of costs, ! therefore, was the only matter for consideration in regard to the claim. Defendant had counter-claimed for £315 for work done in making the inquiry and the claim bad been reduced !to £200, to bring it within the jurisdiction of the court. The magistrate said: "Defendant claims that the directors of the company agreed to pay him for bis work. There is no need to consider the question whether defendant could make such an arrangement with his co-directors, because no such arrangement is proved. j There is no resolution passed by the 1 directors. The impression left by the j evidence is that there is some personal j feeling between the defendant, who is ( the ex-chairman of directors of the company and the present chairman, and ! that the real object of these proeeed- | ings is to allow these two to have a little tilt at each other," concluded Mr. Cutten. Costs were awarded to defendant on the company's claim which was withdrawn. Judgment was given for the company on the counter-claim with costs.