SUPREME COURT.

Press, Volume LXVII, Issue 14232, 21 December 1911, Page 3

SUPREME COURT.

+ - (Before his' Honour Mr Justice Denniston). COLLINS v. COOPER AND OTHERS His Honour gave judgment in the Ashburton case of William Henry Collins (Mir Purnell) v. John Cooper (Mr Wilding), G. T. Russell and Co. (Mr Buchanan), and Crum Bros and Dyhrberg. Collins claimed from Cooper £116 17s 6d for "moneys due under an assignment from T. C. Christenson." Christenson had contracted with Cooper to build him a house, and subsequently assigned .to Collin.* tho moneys duo for the contract. Although tho assignment was absolute in furni, it was admitted •that it was held by Collins ouiy as security for material supplied and subcontracts taken by Coiiius under the original contract. Collins received two payments under the assignment, amounting in all, after deducting wages, to £210 12s. Against this lie set gocds supplied £234 7s Od, and subcontracts amounting to £03 2s, a total of £327 9s 6d, leaving a balance in his favour of £110 17s Od, now sued for. Fcr this amount ho sued Cooper in *he Magistrate's Court as assignee of Christenson. Cooper admitted a balanco of £144 3s 8d on tho contract price, but alleged that two firms, Russell and Co. and Crum Bros, and Dyhrberg claimed to be entitled to cliac-ges on the unpaid purchase money under the Wages Protection and Contractors' Lien Act, 1903, as sub-con-tractors under Christenson. It was arranged that Cooper should pay the admitted balance of £144 3s Sd in'.o ' Court, and tiiat tho sub-contractors should bo added as defendants. Only Russell and Co. appeared, and claimod to be entitled to a charge oh the moneys in Court, a sum of £50 12s ikl, due to them by Christenson on a subcontract for the supply and erection oi the plumbing work on his contract. After reviewing the provisions of th>» Act, his Honour stated that he was of opinion that the charge of the sub-con-tractors in the present case was subject and must be postponed to the lien of the plaintiff, . who was entitled as against the sub-contractors, to be paid out of the moneys in Court, the balance of his- claim against Christenson, and costs. His Honour ordered that the moneys in Court should not be paid out until the Official Assignee in Christouson's estate had received notice of the claims of the plaintiff and the interpleading sub-contractor, and assented to their correctness. The defendants, Russell and Co., must pay the costs of the action from the time of their joinder.