CHELTENHAM SECTIONS.

Auckland Star, Volume LIX, Issue 198, 22 August 1928, Page 8

CHELTENHAM SECTIONS.

QUESTION OF COMPENSATION FOUR CASES DECIDED BY COURT. OVER £1600 AWARDED. Ihe first of a number of compensation cases was concluded in the Supreme Court yesterday afternoon. Mr. Justice Blair presided, and associated with him were Mr. T. Lamont, for the Devonport Borough Council, and the Hon. E. W. Alison, for the claimants, Abraham Harry Rassie, Victor Donald Joy Graliame, Esther Wintour and Olive Constance Johnston. Mr. Meredith appeared for the claimants and Mr. Prendergast for the respondents. The four cases concerned sections at the North Head end of Cheltenham Beach. About a third of each had been taken by the Borough Council by proclamation under the Public Works Act. The Court awarded by way of compensation in Rassie's case £433 6/?, plus--43.3-1300ths of the rates; in Wintour's case, £424 15/, plus 424-1450ths of the rates; in Grahame's case, £424 15/, plus 424-1300ths of the rates; and in Johnston's case, £357 13/, plus 257-1200ths of the rates. Tn each case the fee of each assessor was fixed at £7 17/6, each party to pay its own assessor. The Court declared no costs should be awarded, his Honor stating that this was not with the idea of penalising either side. He indicated that costs had been allowed for in the award. The award would embody an undertaking that those who had not paid their rates already would do so. Tlie case before the Court to-day concerned a section at the opposite end of the beach to the otlier four. The claimants were Richard Willoughby Duder and the executors of the estate of the late R. D. Dtider, and the compensation claimed £2001. A?sociated with Mr. Justice Blair as assessors were Mr. T. Lamont. for the Devonport Borough Council, and Mr. C. F. Bennett, for the clainiants. Mr. G. P. Finlav and Mr. Allan Moody appeared for claimants, and Mr. V. R. Meredith for the respondents. The whole of the section in question had been taken by the Borough Council for the purposes of a reserve at the northern end of the beach. The claimants contended that they had derived great benefit from the section by the sale of pand from it. This morning was occupied in the taking of evidence. (Proceeding.)