£65,000 CLAIM AT WESTPORT

Press, Volume XCV, Issue 28252, 13 April 1957, Page 2

£65,000 CLAIM AT WESTPORT

Evidence By Mine Technician

(New Zealand Press Association) WESTPORT, April 12. In the course of the hearing of the mining case at Westport by Mr Justice Adams in the Supreme Court today the technician at the mine at Stockton under dispute. John W. Duncan, admitted that there had been occasions when the coal had been contaminated by shale but in small amounts. The case concerns the claim by Thomas Moynihan and Wilfred J. Slee for £65,000 from the Crown for cancellation of their coal mining lease at Stockton. There is a counter-claim for £11,200 for alleged damage by Moynihan and Slee to Crown property.

Duncan said he had no mining tickets but had been extensively engaged in hydraulic mining work in recent years as an associate of the Moynihans. He said that Thomas Moynihan, Slee and he himself had been amongst those interested in the Comet mine in the Buller Gorge on which the company had lost some thousands of pounds after three and a half years’ operations when the coal ran out.

Cross-examined by Mr H. A. E. Maitland, junior counsel for the defence. Duncan denied that the directors of the Nile hydro mine at Charleston had got rid of him. He said, that had been engaged on certain work there with Thomas T. Moynihan and it had proved so successful that the company had ceased working at a loss and had paid a 25 per cent, dividend after the first year of their operations. They had been bought out at a reasonable price because of dissatisfaction of one director. The witness corroborated other evidence about coal handling and freedom of pollution of Mangatine creek from the plaintiff’s mining operations. Further reference was made today to the claim that the defence was not interested in the quality of coal. “What happened yesterday was merely an indication of an unfortunate misunderstanding between junior counsel and it has now been cleared up without further embarrassment to the Court,” said Mr Justice Adams.