Supreme Court RIGHT TO WATER

Press, Volume CIII, Issue 30541, 9 September 1964, Page 5

Supreme Court RIGHT TO WATER

Little River Dispute Mr Justice Macarthur, in a reserved supplementary judgment issued in the Supreme Court yesterday, gave his findings of fact in a dispute between two Te Oka farmers over a spring on the property of one in an area over which the other has a grant of easement. His Honour said his findings of fact should enable counsel to agree on the appropriate form of injunction and judgment in favour of the plaintiff, and costs of the action. ' • . • “In case there should be disagreement upon any matter, however, I adjourn the action for further consideration,” said his Honour. The plaintiff, Roger Francis Webb, a farmer, of Little River (Mr P. T. Mahon), sought an injunction against the defendant, Noel Cunningham Davidson, also a farmer, of Little River (Mr J. R. Woodward), to restrain the defendant from using a spring on his own property.

His Honour said in his supplementary judgment that on December 21, 1961, he delivered judgment on the action and held that the plaintiff was entitled to a perpetual injunction restraining the defendant from further interference with the plaintiff’s enjoyment of his rights under the grant of easement to take and convey water.

That action was adjourned to enable counsel to confer on the form of injunction and judgment. By agreement, further evidence was called, as Mr Woodward considered there were proper grounds for a new trial, the principal ground being that in fact one Of the springs on which the dispute centred was not included in the easement, but his Honour in his judgment yesterday rejected Mr Woodward’s submission that it was a different spring.

Leave To Sue Out Of Time

Mr Justice Macarthur in the Supreme Court yesterday gave Jenkyn Morgan, a commercial spray painter, leave to pursue out of time an action for injuries suffered in an accident during his employment on May 19, 1961, with Claude Neon Lights, N.Z., Ltd. The grounds for his application were that the intended defendant, Claude Neon Lights, N.Z., Ltd., had not been materially prejudiced by the delay and had consented to time being extended while, negotiations, which had now concluded, were conducted. The motion was amended by consent to add the additional ground that the delay had been caused by a mistake or other reasonable cause. Mr P. T. Mahon appeared for the intended plaintiff and Mr C. B. Atkinson for the intended defendant. His Honour ordered the intended plaintiff to pay cost of. £lO 10s disbursements.