PRIVY COUNCIL.

Press, Volume LXIX, Issue 20921, 31 July 1933, Page 9

PRIVY COUNCIL.

HAWRE'S BAY EARTHQUAKE CASE. APPEALS SUCCEED. (mrißo miss AssocrATtos—*r kj-»ot*:o TELZGEiPH—COPTBtanT.) LONDON, July 28. The Privy Council has allowed four consolidated appeals from the New Zealand Appeal Court, namely, in the judgments in Brooker v. Thomas Borthwick and Sons (N.Z.), Ltd., Ryan v. Thomas Borthwick and Sons (N.Z.), Ltd., Prendergast v. Nelsons, Ltd., Ashwell v. Brennan and Fenton. It was held that the accidents on which the actions were based, which occurred during the Hawke's Bay earthquake in February, 1931, arose "out of" the employment of the workers involved, because they were injured by physical contact with part of the premises in which they were employed, or, as in A"'" 1 well's case, injured while in a street in the course of his employment. Respondents will pay appellants' costs. MANY CASES INVOLVED. I FRESH CLAIMS MAY BE LODGED. I - i 'PI'ToS ASSOCI.'.TIO:," TK'.nOK.VU.I ' NAPIER, July 29. j It is understood that 20 fatal cases are concerned in the judgment given i by the Privy Council, and that j claims for injuries received are expected to reach 80. The amo'"') claimed totals £20,000. but this may j be exceeded, as an effort is to be made to lodge fresh claims. TYPICAL CASES CHOSEN i i NEW ZEALAND DECISION j i REVERSED. j | APPEAL FINANCED FROM j RELIEF FUND. In the four cases arising out of the Hawke's Bay earthquake, trie question in issue was whether workers injured or killed while at work during the earthquake came under the Workers Compensation Act. In Brooker s case the widow of Thomas Brooker claimed compensation for the death of her husband, who was killed in the collapse of the Whakatu Freezing Works. Hastings, but in two oi the other cases—John Ryan v. Thomas Borthwick and Sons, Limited; John Prendergast v. Nelsons (N.Z.), Limited —the claimants were injured, but not fatally. In the Ashwell case—Philomena Mary Ashwell v. Brennan and Fenton—the appellant's husband was killed in one of the Napier streets while on his way to the post office for his employer's mail. These four cases are regarded a - typical of a large number of othei arising out of the earthquake. Sir Stafford Cripps, K.C.. with him Mr Granville Slack, K.C.. appeared in the Privy Council for all the appellants, while Mr Wilfrid Greene. K.C.. with him Mr W. R. Duckworth and Mr 11. P. Richmond (Auckland) represented the respondents. Financing: Test Cases. The solicitors acting for the appellants, Messrs P. J. O'Regan and Son, and Messrs Luckie and Wiren, and the Public Trustee, executive officer of the central committee, Hawke's Bay Earthquake Relief Fund, explained in Wellington that a number of applications were made under the Workers Compensation Act in respect of persons killed and injured in the earthquake. Certain cases, representative of the whole, were, by arrangement amongst the partiep concerned, brought before the New Zealand Court of Appeal, which decided that the injuries sustained by the workers or the deaths of the workers did not arise in the course of their employment, _ and that claims for compensation did not An appeal to the Privy Council was considered desirable, but before this could .be undertaken, it became necessary to make provision for the required costs. The expenses attendant on such an appeal amount to a considerable sum, which the appellants themselves were quite unable to provide, so that the appeals could not be proceeded with unless funds were made available from some outside source. Assistance from Fund. Application was thereupon made for financial assistance out of the amount subscribed for the sufferers from the earthquake. The central committee decided that a reasonable sum should be made available for the purposes indicated, and authorised the Prime Minister, chairman of the committee, and the Public Trustee, as executive officer, to make the necessary arrangements. In arriving at its conclusion the committee was actuated by the consideration that if compensation could be obtained in respect of the deaths or injuries of workers caused by the earthquake, a saving would result for the fund, as it would be 1 relieved of portion of the burden of providing for persons injured or the dependents of persons injured or killed. In addition, the costs which have been provided are to be refunded from any moneys recovered. Several conferences have been held by the Public Trustee with the appellants' solicitors, and throughout there has been close co-operation between them and the Public Trustee. At the request of the solicitors, the Privy Council submissions were perused by the Public Trustee before their dispatch to counsel in England.