THE WESTPORT HARBOUR BOARD CASE.

Evening Post, Volume LXX, Issue 14, 17 July 1905, Page 6

THE WESTPORT HARBOUR BOARD CASE.

JUDGMENT FOR THE CROWN. The Appeal -Court gave judgment this morning in the case of The King v. Westport Harbour Board — which came 'before, the Court by way of -a special case stated by consent of parties under Rale 241. The chief point for decision waa as to how a special rate levied by the Board, under legislative provisions made .to govern its harbour works should ■he applied. There was a sum of I £145,511 6d borrowed from the Government by the Board, which also •borrowed from the public £500,000 on debentures. His Honour the Chief Justice was of opinion that section 12 of the Weetport Harbour Board A-ct, 1884,. created a special fund, and that the special rate should ba; applied towards payment of the £500,000, with interest, and payment of a further sum of £145,000 odd {expended on construction of the West-iport-N@aka.w-au coalfield railway), with interest calculated from the date on iWhich .the special late should have been imposed. The proportion would have to <be calculated on the capital sum only. ■Mr. Justice Williams thought that the amount of ■special Tatea collected in each year should -be divided into two parts in proportion to £145,511 12s 6d and £500,000, and that tho one part should •be applied , towards repayment of the sum of- £145,511 12s 6d and interest thereon from .the time me rate ought to have been collected, and that the other part should be applied towards the repayment of the aum of £500,000 and interest. (In this judgment Mr. Justice Chapman concurred, and Mr. Justice EchvaTds's and Mr. Justice Cooper's judgment arrived at a similar decision.) Costs on the highest scale were allowed to come out of the fund. Mr. H. J). Bell appeared for the Grown, and Mr. Levi (with him Mr. Wilford) for ihe Harbonr Board.