Drainage Board to pay damages

Press, 27 November 1982, Page 4

Drainage Board to pay damages

The Christchurch Drainage Board has been ordered to pay full damages of $32,900 plus interest a' 11 per cent from October 28. 1980. to a couple in a flood damage claim against the board. Mr Justice Hardie Boys ruled in a reserved decision given in the High Court yesterday. The damages were awarded to Michael Anthony Brown, a carpenter, and Adrienne Ida Brown, his wife, in August this year, arising from flood damage to their home caused by the Heathcote River. In the action the Heathcote County Council was cited as the first defendant and the Drainage Board as the second. Messrs A. A. P. Willy and I. M C Robinson anoeared

for Mr and Mrs Brown. Dr W. G. G. A. Young for the Heathcote County Council and Mr C. B. Atkinson for the drainage board. The board has also been ordered to pay costs of $6879 to the county council which had earlier been held by his Honour not to be liable. His Honour had ruled that the board was negligent byfailing to apply information about flooding which it had at its disposal. The board then argued contributory negligence on the part of Mr and Mrs Brown at a hearing on November 2 but that has been rejected. In his decision his Honour said that he considered that there had been contributory npplipencp on the nart of Mr

and Mrs Brown and had gone so far as to say that he thought that their damages should be reduced by twothirds on that account. "However, I felt unable to give effect to this finding in view of the course the proceedings had taken, and therefore reserved it for further argument." his Honour said. His Honour has now held that the board had not argued contributory negligence at the hearing and could not do so now. "It is now too late from a practical point of view, if not a strictly legal one.. to call further evidence. I verymuch doubt whether there could be any further evidence relevant to contribution, particularly as Mr Atkinson elected not to call any evidence for the drainage board. “The possibility Of injustice to Mr and Mrs Brown is compounded by the fact that in my judgment I have expressed my view as to the extent of their responsibility — a view which I formed on the basis of the evidence and submissions which was limited to the issues between Mr and Mrs Brown and the county council," said his Honour.