WAGES CLAIMS. NOT UPHELD BY THE COURT.

Evening Post, Volume LXXVIII, Issue 59, 7 September 1909, Page 2

WAGES CLAIMS. NOT UPHELD BY THE COURT.

"These are three claims under the Wages Protection and Contractors' Liens Act, 1908," remarked Dr. A. M'Arthuv, S.M., when delivering judgment in the Magistrate's Court to-day in the case in which Arthur V. Riggs claimed £58 3s, Lawrence H. C. Riggs £35 11s 6d, and Thomas Rogers £12 14s, from Albert F. Riggs. The two first-named plaintiffs are sons of _ defendant, who was the contractor in a building contract in which the Hutt Golf Club was the employer. The contractor had confessed judgment for oach of the claims, and the em- ; ployer had been served with an order. ji.t the beginning of the case it was agreed between the parties that tho action be taken against the Hutt Golf Club. The defence to the action was that the money was not duo and owing 10 plaintiffs; in fact, that they had been paid already. Dr. M'Arthur intimated that tnere were two .facts in the case which -he> could not lose sight of ; tho first of which was that defendant oontractos had not been called by plaintiffs to assist them by his evidence, although he was only in Wajiganui with one of hin sons, a plaintiff in the action. The sec ond was that the time-sheet was not produced, nor were any of tho other books, although one of the plaintiff* kept the time-sheet. "I find on tho evidence, and I think a jury would find on the same evidence," continued the Magistrate, "that the claimants have already received the Wages they wmo suing for." Judgment was accordingly for the defendant club, with costs. Dr. M'Arthur held that the orders served on defendants should be rescinded. Mr. Dunn appeared for plaintiffs, Mr. Bunny for defendant Riggs, Mr. Fitzgibbon for the cub-contractors, and Mr. Kirk fot the Golf Club.