COMPENSATION CASES.

Dominion, Volume 1, Issue 290, 1 September 1908, Page 7

COMPENSATION CASES.

INTERESTING LAW POINT. (BY IBLESItAPH—SNiOIAI, LOMIIiSPONDENT.) Clirlstohuroh,' August 31. An interesting law point in regard to tho jurisdiction.of. magistrates under tho Arbitration Act was raised by Mr.\ Wright at the Magistrate's Court this morning. When a claim, .John Roberts v. Luttrell Bros., for compensation, was called on, Mr. Wright, for respondents, submitted .that there was no macninory in tho Act for bringing this case before the-Magistrate's Court. Plaintiff was suing under Scctipn 3 of tho Workers' Compensation Act, 1903, and tho regulations provided for the filing of tho application to the Arbitration Court through the clork of awards. Tho clerk notified tho registrar of the. Court, who fixed a day for hearing before-tho Arbitration Court, Tlioro was no provision whatever for bringing tho caso before the Magistrate's Court, and until fresh regulations had been inserted in the Act the magistrate could not hear tho case. Regulations were made for the original Act of 1900, but so far as the 1903 Act was concerned nothing was done. Tho Act stated that the case may bo taken before a stipendiary magistrate, but if tho claimant cared ho could havo the case heard before the stipendiary magistrate at Auckland, or the magistrate in any industrial district. Tho present case was fixed for hearing to-day by the clerk of awards. He pointed out that if the presont caso could" be heard before a magistrate it would give tho clerk of awards powor to send fortj; or fifty claims for compensation for hearing on any particular day without consulting tho magistrato at all. Mr. Dougall, for claimant, submitted that under Scction 3 of the Amending Act, 1903, the magistrate was made an officer of the Arbitration Court. The Magistrate: I do not admit that for one moment. Mr. Dougall: A magistrato is empowered, to hear claims for compensation up to £200. Mr. Dougall cited a caso which had been decided by a magistrate in 1905, and which formed the subject of an appeal to Mr. Justico Chapman. The Judge hold that the magistrate was right in deciding the caso, and the higher Court, had no power to vary that decision unless tho magistrato had not interpreted the law correctly. Tho object of taking proceedings in the Magistrate's Court was to save delay. It would be inflicting a hardship if the ease was allowed to wait until tho Arbitration Court again visited ' Christchurch. The' clerk of awards had certain duties to perform. The Magistrate: Ho sends the case to this Court for. hearing by a magistrato, and if ho claims'power to do that ho would have absolute power to ordor my Court about. Tho caso comes into Court without any refercnco tp nie whatovcr.

Mr. Dougall said lie was quite satisfied the magistrate had jurisdiction, and suggested that tho matter should go before Judgo Sim to seo whether a magistrate had' jurisdiction. He did not for ono moment contend that the clerk of awards was superior to a magistrate. A magistrate was niado a Judgo of '.tho> Arbitration Court according to the Act. The Magistrate: I misunderstood you. Mr. Wright wanted to know whether, if tho case was decided in the Magistrate's Court, it would bo a judgmont of' tho Arbitration Court or the Magistrate's Court? Ho. pointed out that tho procedure of the two Courts was entirely different, and if a judgment'of the Magistrate's Court was taken as a judgment of the Arbitration Court tho whole thing would bo an absurdity. It needed the consent of both parties before a magistrate bad jurisdiction. - The Magistrate said he was strongly of the samo opinion as Mr. Wright, but if tho parties consented he would refer tho matter to Mr. Justice Sim. Mr. Wright suggested that tho ease should go beforo the Arbitration Court for argument. Tho Magistrate agreed to this, and said that they would then get an authoritativo decision for all tho magistrates in New Zealand.