SUPREME COURT SETTLEMENT AGREED ON IN CLAIM FOR DAMAGES

Press, Volume CII, Issue 30270, 24 October 1963, Page 12

SUPREME COURT SETTLEMENT AGREED ON IN CLAIM FOR DAMAGES

An action for damages which had occupied the Supreme Court for three days was yesterday settled between the parties st the end of the presentation of the ptetotiff's case. Ait the request of counsel. Mr Justice Wilson adjourned the bearing sine die. The plaintiff. Mervyn Alexander Gordon, a company director, claimed damages from Herbert Ernest Raymond Rdghton, a contractor in regard to the sale of a house at 75 Kearneys road in 1959. Mr J. G Legged, with him Mir A Hearn, appeared for Gordon, and Mr S. H. Wood tor Rightan. Before the luncheon adjournment bis Honour commented upon the rising costs of the hearing. He was quite willing to continue the ca*e until the end. but he would like to suggest that the parties. knowing something of each other's case, might be in a position to come to an agreement themselves, his Honour said. After lunch the plaintiff’s case w-as completed, and the Court then adjourned for an hour while parties and counsel consulted. Gordor. alleged fraudulent misrepresentation, or alternatively breach of warranty or condition, and claimed £1606 as the cost of restoring the bouse to its proper con-j dition, and £6OO general dam- 1 ages On Monday, Gordan gave evidence that, before agreeing to buy the property, he expressed concern at its hav-i ing a flat roof and a parquet! floor. Righton, who had built the house himself, said that these were in excellent con-

tbtion and would last for many years. Soon after moving into the house, he had trouble with bo‘.h these features, said Gordon. Yesterday's witness was Allan Leonard Mjichener. an areititecti He said that aluminium foil on the roof wsa dasintegrrjting and had exposed the bitumen benea'h. In some parts the bitumen had cracked and the reinforcing fabrics beoew.h had •too disintegrated. Speaking of the concrete floor slab. Mitohener said that some of the reinforcing rods appeared not to be tn the concrete. but lying beneath it. Previous evidence bad told of large cracks in these foundations. The witness agreed with previous estimates of £154)8 for the cost of repairing the damage to the house.