ONEAAKA STEEL CASE

Dominion, Volume 38, Issue 22, 20 October 1944, Page 6

ONEAAKA STEEL CASE

Taking Of Evidence Abroad The right of a Compensation Court constituted under the Public Works Act, 1925, to issue a commission for the purpose of examining witnesses abroad was the subject of a judgment delivered by the Chief Justice (Sir Michael Myers), in the Supreme Court, Wellington, yesterday. The matter arose from a claim by Pacific Steel, Ltd., for compensation under the Iron and Steel Industry Act, 11)37, against the Minister of Public Works and the Minister of Industries and Commerce. The Act authorized the Crown to acquire for development of n steel industry in the Dominion, certain privately owned properties and, undertakings in connexion with the iron deposits at Onekaka, near Nelson. His Honour, in his judgment, stated that a recent decision of the Court of Appeal in England was effective in determining that proceedings iu a compensation case did not amount to arbitration and that the contention of Mr. W. J. Sim, K.C., appearing for claimants, that the Supreme Court had power, by reasons of the Arbitration Amendment Act. 1938. to make <m order for the issue of fl commission, was completely answered in the negative. His Ilouour found, however, that claimants’ contention that the Compensation Court itself had the power to issue n commission was well founded, but that (he Court could only issue such ( com-, mission when it met for the purpose of bearing the claim. The Chief Justice suggested that if notice of application for the issuei of a commission were made to the Compensation Court before the hearing, the Court might sit and determine the application and then adjourn the further hearing of the claim. His Honour made it clear that the decision as to whether u commission should be issued lay within the jurisdiction of the .Compensation Court alone.