COMPENSATION COURT.

Dominion, Volume 1, Issue 46, 18 November 1907, Page 8

COMPENSATION COURT.

KARORI WATERWORKS EXTENSION CLAIMS FOR LANDS TAKEN.

On Saturday morning the Compensation Court announced its awards .in the cases brought against tho Corporation of Wellington by Aslitoir Buddlo Fitchett and Jeremiah Harrington. Tho Court consisted of His Honour Mr. Justice Cooper (president), and Mr. J. C. M'Kerrow (assessor for Fitchett), the Hon. T. K. Macdonald (assessor for Harrington), and Mr. C. J. Crawford' (assessor for the Corporation).

The facts wore briefly as follow:—Respondents were the owners of 110 acres of land at Karori, on which'they had built a reservoir in connection with their waterworks there Tho land surrounding the reservoir in the 110 acres was_ used.' as. a catch-water aroa.for the ieservoir, which; was supplied principally by a stream running through land owned by.claimant Titchottj; and. of which: claimant Harrington ■ was the lessee, and through part of the land owned by the Cor-p-ration. Under the Public Works' Act, 1905, tho Corporation acquired 302 acres .2. roods' and 35 perches of Fitchett's property, which consisted of about -18R acres. Fitchett claimed £17,138 as compensation for; the taking of the land, and for the injurious effect on -the balance of the lands not taken, a,nd Harrington claimed £5991 in respect of his interest as lessee in the lands taken out'in r'espect<'ofv the injurious- effect on the balanceiofjthcilands-mot-taken:-:

The Court awarded claimant Fitchett in full satisfaction of all'matters in respect of his claim for compensation the sum of £10,000; and it ordered that the sum: awarded should bear interest at the rate of 5 per cent, per annum from November 16, 1907j until the date on which the amount of the claim was paid; and, further, that the respondent Corporation should , pay to the claimant the sum of £257 as cost's, as well as all necessary Court fees and witnesses' expenses, to be ascertained by the Registrar of the Supreme Court. His Honour fixed the assessors' fees in this case at £89 os. for each assessor, and ordered each party to pay its own assessor.

The sum of £676 was awarded to claimant Harrington hi- full satisfaction of his claim in the matter, the said sum also to bear interest at the rate of -5--per cent;' from November 16 until.the date oil' which'-the amount of the claim was paid. In this case the Court ordered each . party.... to pay its. own costs. His Horiour,''fixed the costs of respondent's assessor in'tliis case' at. £5 ss. (the sum of £39 ss. having already been allowed in Fitchett's case); and fixed ' the costs of the claimant at £S? os., ordering each party to pay its' own,, assessor.

It, was decided that, in,'the. event of the parties being unable to agree on the matter of. the . apportionment of''tho ■■rent,"His Honour should'adjust the matter.

Mr. M. Chapman, K.C. (.with him Mr, C. B. Morison) appeared for Fitchett, Mr, D. M. Findlay for Harrington, and Mr. Gray (with him Mr. the Corporation.