RANDOM REMINDER

Press, Volume CXV, Issue 33858, 2 June 1975, Page 16

RANDOM REMINDER

misleading ski I i s

At a recent inter-colle-giate rowing contest two Hereford Street brokers wagered on the outcome between two particular schools. Fate decreed, however. that these schools did not meet in the contest, although one of them eventually was victor in the final.

The brokers could not agree on the result of the wager and finally handed the matter t>> an independent arbitrate). This (with obvious ■■ubstitutions) was his finding: In the case of Nedge \. Rudder, and Rudder v. Xedge — the litigants in this case have referred a decision tn an illegal betting transaction to an

illegally appointed arbitrator. Donald, for adjud cation in the '•uin o* SI deposited by Xedge with Donald and SI deposited by Rudder with Donald. Insofaras the arbitrator can detect anv consistency in the argu-

ments, it appears that in a rowing event between Xew Zealand secondary schools the litigants differed in their opinion of the merits of two schools, to wit. Wanganui Collegiate and St Bede's. The litigant Xedge bet the litigant Rudder $1 that St Bede's would beat Wanganui. Whether the litigant Rudder bet the litigant Xedge that Wanganui would beat St Bede’s is somewhat in doubt, but it appears undisputed that the Xedge bet was accepted bv Rudder.

In fact, neither school met the other in direct competition in the same race, for whereas St Bede’s qualified for the final, Wanganui failed to do so. The final was won by St Bede's. As a strict legal issue, therefore. I would find that St Bede's, not having mer Wanganui, did not beat them. Rudder there-

fore would win the bet. But though the teams met not, they entered for and competed in the same event, which St Bede’s won and which Wanganui did not. Moreover the bet itself was illegal. If anyone won, St Bede's won, and if anyone lost, W’anganui lost. I therefore declare the Rudder SI forfeit to Nedge. The arbitratorial decision has been reached only after long hours of anguish and one-finger typing. The arbitrator's costs have been high, but his integrity is higher: and rather than put both litigants into one type of liquidation in these stringent days he is prepared to trust their integrity in turn and accept costs in an alternative liquid form.

Dated at the Foothills Club this First dav of May, 1975 — LIQUIDATOR.