COURT OF APPEAL.

Press, Volume LXV, Issue 19664, 6 July 1929, Page 8

COURT OF APPEAL.

# CONTRACTOR'S CLAIM. (PRKSS ASSOCIATION TKLXG&AX.) , WELLINGTON, July 5. The Full Court, consisting of the Chief Justice, the Hon. Mr Myers, Mr Justice Herdman, Mr Justice Ostler, Mr Justice Adams, and Mr Justice Smith, was engaged to-day in hearing the appeal of Frank Stanley Ball, a contractor of Wellington, against the Scott Timber Co., Ltd., A. Miller, of Wellington, builder, and St. Luko's Church Property Trust Board. The facta are that appellant was plaintiff in proceedings taken in the Magistrate's Court against respondents, Millar and tho Church Board, claiming; £286 10s under tlw Wages Protection and Contractors Liens Act, 1908, on moneys payable by the Church Board to Miller under a building contract. Tho respondent, the Scott Timber Co., was also plaintiff in similar proceedings taken against the same defendants claiming a like charge of £298 15s lOd. Four other proceedings of a similar nature were also instituted and all were heard before Mr J. 8. Barton on April 12th and 13th, when claims to the value of £BB6 4s 8d were established. Ou the other band the total amount then payable by tho Church Board to Miller under the contract was £541 15s. Ball later lodged an appeal to the Supreme Court from the judgment of Mr Barton allowing the Scott Timber Co.'s charges of £298 los lOd on the ground that the Soott Timber Co. were not entitled to charge for the full amount of their claim. This appeal now bv the order of Mr Justice Ostler had been moved into the Full Court. The preliminary question arose whether Ball, not being a party to the original proceedings between the Scott Timber Co. and the other respondents, now was entitled to prosecute this appeal. For the appellant, Mr A. M. Consins appeared ana for respondent Mr \V. H. Cunningham. The case will be continued on Monday.