QUAKE APPEALS

Dominion, Volume 26, Issue 262, 1 August 1933, Page 8

QUAKE APPEALS

Privy Council Cases RELIEF FUNDS HELP Many Questions Explained The decision of the Privy Council to allow the appeals in the four eases arising out of the Hawke’s Bay earthquake on February 3, 1931, has created considerable interest. Several aspects of these cases in which the general public is interested officially explained yesterday. Financial assistance to prosecute the appeals was afforded out of the moneys. subscribed for sufferers in the earthquake. The appeals were taken under the Workers Compensation Act, 1922, and its amendments, the four cases being Brooker v. Borthwick and Sons, Ryan v. Borthwick and Sons, Prendergast v. Nelsons (N.Z.) Ltd., and. Ashwell v. Brennan and Manning. As a result of the earthquake many claims under the Workers Compensation Act against employers for deaths and injuries received. therefrom, involving a large sum in the aggregate, have been made, In New Zealand the Court of Arbitration has exclusive jurisdiction to deal with cases under the Workers Compensation Act, and. there is no appeal from its decision. Where the parties agree on the facts, however,, it is competent for the* Supreme Court' of New Zealand to give judgment in a given case pursuant to the provisions of the Declaratory Judgments ACt, 1908; and thereafter lhere lies an appeal to the Court of Appeal; of New Zealand, and thence to the Privy Council. \ . . '

General and Special Facts.

In order to facilitate dealing with the large number of earthquake claims, the parties agreed, on such general and special flicts as appeared, to them to be relevant, and the four cases which have been referred to the Court of Appeal were agreed as being typical of all those arising out of the earthquake disaster. All the other cases have been standing over pending the Privy Council’s decision in these four.

Under the Workers Compensation Act, 1922, it is'provided that if in any employment to which the Act applies, personal injury by accident arising out of and in the course of the employment is caused to a worker, the employer shall be liable to pay compensation in accordance with the provisions of the Act. Shortly, the case of the appellants was that so far as the deaths and severe, injuries were concerned, theearthquake as an earthquake killed or injured nobody, it was only the im? mediate neighbourhood of brick walls, buildings and parapets, and in some cases wooden buildings and verandas in and about which the workers’ duties required, them to be, which resulted in the deaths and serious injuries, forming the grounds for the compensation claims involved.

The Privy Council is reported to have held that the accidents on which the actions were based, and which occurred during the earthquake of February, 1931, arose “out of” and in the course of the employment of the workers involved therein, because . they were injured by physical contact with a portion of the premises'in which they were employed or were jnjured vphilc in the street in the course of their employment. . ” . Subscribers .to the relief fund will be interested to know that the financial, assistance to prosecute the appeals, which were of considerable moment to a number of persons, has been afforded out of the moneys subscribed for the sufferers in the Hawke’s Bay earthquake. When it was considered desirable to appeal against the ’decision of the New Zealand Court bf Appeal, it was founcUthat the circumstances of the appellants made it impossible for them to provide the requisite costs. Chance bf Success. The central commttee of the Hawke’s Bay Earthquake ’ Relief Fund recognised that it was proper, seeing that there was a reasonable chance of success, to assist sufferers to take their claims to the ultimate tribunal, and, moreover, in the event of compensation being obtained in respect of deaths or injuries of workers through the earth-’ quake, there would be a corresponding saving to the relief funds, which would, thereby be relieved of a portion ‘. of the burden of providing for jured or the dependants of persons injured or killed. - The charge against the fund in this, respect has been a heavy one, and any relief obtainable would contribute.to its additional stability. Accordingly, • in appropriating the relief funds, the central committee decided to set aside a .sum to be utilised for the purpose of the compensation appeals, and authorised the Prime Minister (chairman of the central committee) and the Public Trustee (executive officer) to make the required arrangements. The Public Trustee conferred on several occasions with the appellants’ legal advisers, and completed the financial arrangements in connection with the appeals. At the request of the solicitors, the Public Trustee also perused the submissions to the Privy Council before transmission to counsel In England. It is explained that the effect of the decision will be that where compensation is obtained the provision made for sufferers in the disaster out of the relief funds will be reviewed, and any necessary adjustments made. Furthermore, the advance made for costs out of the relief fund is to be refunded out of any moneys recovered.