ACTION OUT OF TIME

Press, Volume C, Issue 29509, 10 May 1961, Page 8

ACTION OUT OF TIME

Court Grants Application

An application by Alice Lillian Ann Heney. of Christchurch. to bring a claim for damages in .an action out of time against her former employees. Commercial Cleaners. Ltd., has been granted by Mr Justice Richmond. The application was heard on March 31 in the Supreme Court. Mr B. A. Barter appeared for Heney, the intended plaintiff, and Mr C. B. Atkinson for Commercial Cleaners. Ltd., the intended defendant. In his reserved judgment, his Honour said that in her statement of claim the intended plaintiff said she suffered an accident while ent- 1 ployed as a staff supervisor by the intended defendant in the new nurses’ home at the Christchurch Public Hospital on May 29, 1956. It appeared the intended defendant conducted thecatering in the dining-room’ of the nurses’ home. The in-! tended plaintiff was in charge of the catering staff and not in charge of the cleaning staff working for the intended defendant firm. The intended plaintiff ' said I she was working at a table adjacent to the servery. turned on being spoken to! by someone, slipped on some-: thing very wet on the floor | and fell heavily, fracturing her left hip. “She alleges that the cause! of her accident was the fact that without her knowledge a quantity of polishing material had been dropped and it was on this polish that she slipped and fell. She further alleges that this polishing material was deposited on the floor by the employees of the intended defendant who were carrying out cleaning operations at the time,” his Honour said. It appeared the intended plaintiff was in hospital from May 29, 1956, .to August 20. 1956, and from September 10. 1956. to November 4, 1956. His Honour said that he was satisfied that the intended defendant had not been materially prejudiced in its defence or otherwise by the delay in filing a claim for damages, the delay being four months over the statutory period of two years from the date of accident. He said that the intended plaintiff was restricted to the allegations set out in her statement of claim and that she should commence her action within three weeks of the date of judgment unless the Court granted an extension of time. The intended defendant was allowed £l5 15s costs in respect to the application.