CASE SETTLED.

Auckland Star, Volume LXV, Issue 68, 21 March 1934, Page 3

CASE SETTLED.

DISCHARGE OF WATER. PROPERTY AT OTAHUHU. An action commenced in the Supreina Court yesterday in which Norman. Austin, farmer, of Papatoetoe, sought a. writ of injunction to restrain the Auckland Gas Co. and John Wilson, from discharging water on to hjs property at Otalmhu, and in which Austin also claimed £500 damages, was struck out after the evidence of the plaintiff had concluded in the afternoon. The defendant's property adjoins that of the plaintiff and the allegation was that tho discharge of water from the gasometer, and other dwellings on to plaintiff's property, had made it swampy. This was i denied bv the defence.

After plaintiff had given evidence Mr. Richmond, for defendant, submitted that plaintiff had no justification in applying for a writ of injunction. The pipe which had discharged the water had been removed, and the plaintiff had failed to prove that water from the gasometer was discharged on to plaintiff's property. Mr. Justice Ostler suggested that tho parties should confer. This was done and later it was announced that a settlement had been reached. The case was then struck out.

Mr. W. Schramm appeared for plaintiff and Mr. Richmond and Mr. Weir for defendants.