HOSPITAL BOARD AWARDED £337 COSTS

Press, Volume CI, Issue 29744, 10 February 1962, Page 16

HOSPITAL BOARD AWARDED £337 COSTS

Costs totalling £337 Is 6d were awarded to the North Canterbury Hospital Board by Mr Justice Richmond in the Supreme Court yesterday against Robin Tex Clutterbuck, a workman, who last year was non-suited in his claim for damages against the hospital board. In the hearing yesterday. Mr R. A. Young, with him Mr P. G. S. Penlington, appeared for the hospital board which claimed costs on the full scale, amounting to £603, in all. and Mr B. McClelland, with him Mr A. D. Holland, for Clutterbuck. Mr McClelland submitted that no costs should be paid by Clutterbuck.

In the original action, heard before his Honour and a jury, from August 22 to 29. 1960, Clutterbuck sought £8776 Is 6d damages against the hospital board on the ground that the alleged negligence of the board’s servants had caused gas gangrene to develop in his right hand, after it had been crushed in a printing press at his work, and that this negligence had resulted in his hand having to be amputated. The jury answered a number of issues in favour of the defendant hospital board but found certain allegations of negligence to have been established by the plaintiff. Clutterbuck.

The jury awarded £3776 Is fid damages to Clutterbuck, comprising £276 Is 6d special

damages, agreed on, and £3500 general damages. On March 27 and 28, 1961. his Honour heard a motion brought by the hospital board for judgment or, alternatively, non-suit, notwithstanding the jury’s verdict.

In a reserved decision given on June 7, 1961, his Honour gave judgment for non-suit, holding that the negligence established against the hospital board was not proved to have caused the damage complained of by Clutterbuck Giving his decision on costs yesterday, his Honour said he did not consider the case was one which warranted him depriving the defendant of costs. But the c«>se had features which warranted him exercising the power the Court had to award a lump sum to cover the costs of the trial, motion for judgment and the hearing as to costs.

The trial had been an abortive one but the plaintiff, Clutterbuck, had established negligence and the jury had held that the negligence in one respect had caused the growth of gangrene. Therefore, in all the circumstances, he fixed a lump sum of £225 to cover the costs of all the hearings before the Court.

After hearing the submissions, he found no reason to alter the expenses for witnesses and disbursements as claimed by the hospital board, said his Honour.