SUPREME COURT.

Dominion, Volume 4, Issue 964, 3 November 1910, Page 3

SUPREME COURT.

KARORI ROAD-WIDENINC CASE. THE TIME LIMIT. Tlie question of tho time limit in claims for compensation under tho Public Works Act was tho principal mattor of argument in the further hearing of a case against the Karori Borough Council at a sitting of the Supreme Court in Banco yesterday. Tho Chief Justico (Sir Hoborfc Stout), Mr. Justice Cooper, and Mr. Justice Chapman were oil the Bcnch. The claimant was Mrs. E. C. Coopsr, and her claim was against tho Karori Borough Council for £.150, compensation for strips,of land at Donald Street and Cooper Street, Karori, dedicated for road-widening in terms of Section 117. of the Public Works Act, upon tho subdivision of a property owned by her. Mr. W. H. D. Bell appeared for the claimant, and the respondent council was represented by Mr. H. F. Johnston and Mr. A. de B. Brandon, jun. Agreement was continued yesterday, on the non-suit point raised by Mr. Johnston that the claim had not been made within the time limit of five years prescribed by the Act. Mr. Bell quoted legal"authority to show that tho deposit of a plan did not. constitute dedication. Still less, ho argued, could tho mere preparation of a plan (as suggested by counsel for the respondent) amount to dedication. He submitted that a claim for compensation must date from the timo when the owner complied with the requirements of Section 116 of the Public Works Act. The . "animus dedicandi" (intention to dedicate) in the true sense could only be shown to exist if it was accompanied, by some act. It did not exist in this case, because tho land was retained fenced, and the instrument of dedication was held at the owner's request. Tho matter was'hung up because Mrs. Cooper did not at first intend to claim compensation. Other owners similarly situated, however, mado claims, and she found she was . being rated to help pay the compensation awarded to them. Caro had been taken not to run beyond the supposed five-year limit, but he submitted that , there really was no time limit, the provision in that behalf, which appeared elsewhere, should not be read into tho portion of tho Act dealing with compensation. Such an important provision could not bs held to be made by inference. , Mr. Johnston remarked that the absence, of a time limit would be news to the legal profession. The Chief. Justice said it would probably be news to the Legislature also. Mr. Bell said he would not suggest that there ought to be no timo limit, but only that there was none in the Act as it stood. Mr. Johnston, in reply, said the case for the council rested on the advertisement and the sale of the sections by public auction. It was true that the fences, which were on tho top of a cliff, were left standing.. Tho roads would probably never be widened. The Chief Justice: When Karori has 20,000 inhabitants they • will be very glad to be able to widen the roads. Mr. Johnston: But when, will that be? The Chief Justice: Oh, that's coming! ' Decision was reserved.