SUPREME COURT.

Dominion, Volume 6, Issue 1578, 23 October 1912, Page 4

SUPREME COURT.

DEFECTIVE LEGISLATION.

NO POWER RE COSTS. . An application, said to bo the first of its; kind ever heard in New Zealand, was refused by tho Chief Justice (Sir Robert Stout) in the Supremo Court in Chambers yesterday morning. The application was hoard on October 12. when the Fc.itherston County Council asked that a Compensation Court, bo called together, for hearing a claim for compensation brought by Donald Couper Yule, who had since intimated that he wished to discontinue the clnim. At the hearing, Sir John Findlay, K.C., appeared in support of tho application, while Mr. A...Gray, on behalf of Yule raised opposition. In connection with the application, Sir ,„°,, n IV"? explained that on August 2, 1911, Yulo sought to recover JJIOSO from the Featherston County Council, on the ground that protective works erected bv the council on the Tnuherinikau River would seriously injure his land. The claim was resisted by tho statutory method, assessors were appointed, and the council went to considerable expense in collecting expert evidence. Then a few days before a date of hearing would have been hxed, the claimant (Yule) intimated that ho would discontinue his claim. The County Council contended that there was no power to withdraw the claim, and they therefore asked that the Court fix n date of hearing in order that it might be decided that tho claim for compensation had ! not been sustained, and that costs should be awarded the council. Tho application was opposed by Yulo on tho ground that there was no claim to adjudicate upon. In giving judgment yesterday, his Honour said: "It is no doubt .unjust that any person should mako a claim and put a respondent to costs and expenses and then abandon his clnim mid not be liable to pay to the respondent tho costs and expenses to which tho respondent has been put. I fail to see, however, any power the Court has to award costs in the circumstances, or to call the.Court together to hear a clnim that no longer exists It will be noticed that there is power to deal with the case if a Court is summoned and the claimant does not appear, but that ,is not tho case hero. There has been no Court called together, nor is (here now a claim extant regarding which a Court can be summoned. Tho Act is defective in these circumstances, and I must reject the motion because, in my opinion, there is no power to notify a sitting of the Court for there is notfiin" for a Court to consider." The motion was accordingly dismissed, but no costs were allowed. DAMAGES SOUGHT. GANGWAY THAT COLLAPSED. In the Supremo Court yesterday,, the Chief Justice (Sir Robert Stout) heard nn appeal from tho decision of tho Magistrate in Wellington. The appellant was Alexander Grant, master of the ship Strathroy, while the respondent was John M'Kinnon, wharf labourer, of Wellington. Mr. A. Fair appeared for the appellant and Mr. P. J. O'Rogan appeared for the respondent.

It appeared that in tho Court below M'Kinnon proceeded against Grant, claiming damages in respect of an accident. On August 13 last, M'Kinnon, with four other' men, used ft gangway which collapsed and throw all to the ground. M'Kinnon alleged that the accident.'wasduo to the negligence or default of Grant, in that the gangway was either defective in construction or insufficiently strong. Tho Magistrate found that the defendant had been guilty of negligence, and awarded damages .£22 2s. From this decision tho defondaut (Grant) now appealed. After hearing argument, his Honour reserved decision.