COMPENSATION COURT

Dominion, Volume 1, Issue 261, 28 July 1908, Page 4

COMPENSATION COURT

CLAIM AGAINST THE CITY . . CORPORATION. JUDGMENT RESERVED. Tho hearing of the compensation suit in respect of the resumption by_ the City Corporation of portion of a held under lease by Smith and Smith, Limited, was continued on . Saturday before Mr. Justico Chapman sitting with Mr. J. Trevor, assessor for the claimants, and Mr. E. W. Seaton, assessor for the respondents. : Mr. D. M. Findlay appeared on behalf of the claimants, and Mr. O'Shea (City Solicitor) for tho Corporation. , ■ The facts in this case were briefly that claimants hold Sections 7 and 8, Block 5, Reservo K, City of Wellington under lease from tho Corporation. The leaso in regard to Section 7 dates from July, 1900, and that in connection with Section 8 from September, 1897. Claimants' warehouse stands on Section 8, and the business premises of Messrs. Yerox, Barker and Findlay, on tie front portion of Section 7. Originally claimants had a yard, measuring 60ft. by 42ft., at tho rear of Section 7. Undor the Public Works Act, the Corporation acquired portion of tho yard measuring 30ft. by 42ft. Claimants now sought to. recovcr £540 from the Corporation in respect of their interest in tho land .taken, and £1350 in respect of alleged injury to tho balance' of tho property as a result of the land in question being taken. EVIDENCE FOR THE RESPONDENTS. Eyidonce on behalf of tho Corporation was given, as follows:— ' : i Joseph Ames; City Valuer; said .that tho extreme value of tho land rcsutriod was £10 per foot. Ho took no notice of tho depth.of. a section lised for business prelnises after 80ft. or 90ft. In 1901 the freehold value of Section 7 was £60 per foot; in 1906, £80, and to-day it was not more than £120 per foot, full depth, and £110 por foot with depth of 90ft. ■ ■ Cross-examined, witness stated Itliat tho unimproved valuo had trebled in 15 years, the greatest increaso having accrued since 1903.

George Frost, valuer and builder, considered that Section 7 was worth £100 per foot. ; Most advantago could be derived in connection with the yard by building over it, Littlo difficulty was experienced in handling heavy packages if trollies and" rails were used.

L. H. B. Wilson, sharobroker and valuer, stated that Section 7, which was, in his opinion, worth £80 per foot in 1904, was now: worth from £110 to £120 per foot. Light wells dispensed" with the necessity of great depth' in sections. Joseph Godfrey Holdsworth, land valuer, was of opinion that the resumption by tho Corporation of the land in question decreased the value of Section 7 by only £10 per foot; Henry Smith, draughtsman in tho employ of the Corporation; William Nicol, master painter; H. A. Shephe.rd, commission agent and valuer; and Walter David Murdoch, building inspector for tho City Council, also gavo evidence in support of the case for the respondents. After counsel had delivered their addresses, the Court adjourned until Friday next at 10.30 o'clock. •