BUILDING DISPUTE
4 ARBITRATOR’S AWARD UPHELD. Tho Chief Justice (Sir Robert. Stout) delivered judgment in tho Supreme Court on Saturday in the case in which William Heald proceeded against Alfred Samuel Erickson for £515 Bs. 6d., interest and costs, in connection with the erection of a private dwelling at Miramar. His Honour pointed out that an order by consent was made for trial of the "cause of action” appearing in the statement of claim” before an arbitrator, and his award was equivalent to tinverdict of a jury, a finding by which tho Court was bound. All the objections urged, added His Honour, were made before the arbitrator, and, in his opinion, ho had power to deal with them nnd find whether they were valid or not. . It was not suggested flint the trial had - not been properly conducted. The only fault found by plaintiff was that the. arbitrator did not accept his view of the facts. If it had been the verdict of 3 jury it onnld not have been disturb’d, and His Honour failed to see what Authority the Court had to sot aside the findii'g and order a new trial. Judgment was entered in accordance ivith the award. If costs were not agreed o His Honour said he would order them o be fixed by tho Registrar. The quesion of costs was accordingly reserved.
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Bibliographic details
Dominion, Volume 18, Issue 151, 23 March 1925, Page 9
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226BUILDING DISPUTE Dominion, Volume 18, Issue 151, 23 March 1925, Page 9
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