SUPREME COURT Liens Act Claim Adjourned

Press, Volume CIX, Issue 32234, 28 February 1970, Page 16

SUPREME COURT Liens Act Claim Adjourned

An action in which Ashby Bergh and Company, Ltd (Mr A. D. Holland), claimed 82908 from the Mayor and Councillors of Ross, Westland (Mr P. T. Mahon), as a charge under the Wages Protection and Contractors' Liens Act, 1939, was adjourned sine die by Mr Justice Wilson in the Supreme Court yesterday, after his Honour had granted an amendment to defence pleadings. The action was in respect of the value of building materials supplied by the plaintiff company to R. J. Spence (Builders), Ltd, now in liquidation-named as second defendant in the case—for the latter’s contract with the Ross Borough Council for the building of the Ross Centennial Hall. The amendment to pleadings sought by Mr Mahon, and Writ Of Certiorari Sought A writ of certiorari was sought by Kenneth Stanley Hartnell, a carpenter (Mr A. D. Holland), in the Supreme Court yesterday against Kenneth Harold James Headtfen and Robert Alexander Collie, as chairman and member of 'the North Canterbury Land 'Valuation Committee (Mr N. W. Williamson), as first defendant, and Merritt-Beazley Homes, Ltd (Mr P. T. Mahon), as second defendant. The writ sought removal to the Supreme Court of an order made, by the first defendants on February 19 granting Merritt - Beazley Homes leave, under the Land Settlement Promotion Act, 1952, to file out of time in the Land Valuation Committee an application for approval of an option given by the plaintiff to Merritt-Beazley Homes to purchase 81 acres of his land. This contract, Mr Holland submitted, was void as infringing a section of the Land Settlement Promotion Act, so that the committee’s order had been made without jurisdiction—but Mr Mahon, for the second defendant, submitted that the contract was not void because the land was not shown to be farm land. Mr Williamson said that the first defendants abided by the decision of the Court. Mr Justice Wilson upheld Mr Holland's submission that the Land Valuation Committee had acted without jurisdiction, and quashed the order it had made, without finding it necessary to grant a writ of certiorari. „

granted, was to enable a plea of abandonment by the building company of its contract, or its termination by agreement.

Evidence that a notice of lien and charge bad been served on the council on October 15, 1968, w«s given by the general manager of Ashby Bergh and Company, -Noel Gerald Milne. Cross-examined by Mr Mahon, he agreed that when the notice was served R. J. Spence, Ltd, was no longer carrying out the contract, and that he understood the council had bad the building of the hall completed by' itself employing two carpenters. This was objected to by Mr Holland as hearsay evidence, but Mr Mahon—after Mr Milne, under further questionhad said that he had got this information from Mr Spence himself—submitted that it was evidence of proof, justifying his application for an amendment to the defence pleadings,. The amendment was opposed by Mr Holland but granted by his Honour, who adjourned the case sine die, to be brought on at three days notice, to enable defence evidence to be called.