MAN INJURED ON WHARF

Press, Volume LXXV, Issue 22662, 17 March 1939, Page 4

MAN INJURED ON WHARF

♦ NOTICE OF INTENDED ACTION EFFECT OF AMENDMENT TO ACT (PRESS ASSOCIATION TELEGRAM.) WELLINGTON, March 16. A matter of general importance to waterside workers was heard in the Appeal Court to-day. The case was that of the Wellington Haiibour Board against Edward Leslie Standen, a Wellington waterside worker. The respondent, in January, 1938, was injured while working on the wharf and gave notice of the intended action on July 21, 1938, and issued a writ on July 26, 1938. He did not give the statutory notice of one month' as required by the Harbours Act, 1923. The Statutes Amendment Act of 1936 now makes special provision in respect of action by a worker for damages for injuries suffered in the course of his employment by amending the Harbours Act, 1923, Section 248, and extending the limitation of time for commencing the action from three months under the original Act to any time within six months alter the cause for the action arose. The Harbour Board contended that “worker,” under the Statutes Amendment Act of 1936 meant “worker employed by a harbour board,” and did not apply to the respondent who, although injured on the wharf, was employed by the New Zealand Shipping Company. The Harbour Board also contended that if the amendment applied to the respondent it did not do away with the necessity to give notice under the original Act. Mr Justice Reed found in favour of the worker on both points and the appeal was now brought from that decision. The court reserved decision.