COMPENSATION CASE

Evening Post, Volume CVII, Issue 102, 1 May 1924, Page 3

COMPENSATION CASE

IMPORTANT PO]KT'DECID,Eb.

A shipping compensation, case of com siderabJe inferest xas'.Vgue'd .before MrJustice MacGregor at the Supreme Court yesterday.-.ln a prior- action Harry ManteU proceeded. against Charles William. Williams, of Wellington; shipowner;- for damages for injury sustained while' plaintiff was working on the Huia at "Wanga?si, on Bth' May, 1920/ On 15th March, .1923, damages were awarded' amouatinnto £296 5s and costs. Subsequently,- defendant was adjudged bankrupt "at Auckland. . •': ■-..-. ... . . .;■ - . „-':■

, Plaintiff' then- took' proceedings under* Section 47- of the Workers' Compensat'ioa 1 ct> 7*^?^' provides that--in 'the event of an' accident '.causing itij'ury'So a -worker, occurring in- or..ab,oiit any mine,,.'build-" ing, factory, or ship, the amquntpfCompensation or damages for-which the employer was liable should be an equitable charge upon the employer's "estate" or interest. The section, further- prbyided that the charge should take efiecfTfrom. the^date; of the accident Notwithstanding that, the amount of the employers' lia^ bility might not-then have been determined. • ■„<: y- :. ■■-■ .:'■'.y.

A lengthy affidavit was filed by Alexander Dunn, barrister 'and; solicitor, staging that tie yessel was formerly owned by William Herbert Brewer,' "who esecu^ ted mortgages on the ship .between 1917 and 1919- amounting,.to £2250. Subsequently Brewer sold part of his interest in the steamer as well, as iri the -BadenPowoll ;toi.Harold 'P.erret.t',, chemist, o£ Wellington, and thereafter': the parties became incorporated as a private company under the style of the Wellington. Steamship Co., Ltd., with a'capital o£ £300. By a collateral agreement1,- Brewer's shares were issued in the name o£ Dunn, who had several of the mortgages referred to," the shares to.be re-transfer-red to Brewer when these had been paid off. The company 'later agreed to sell the» Huia to Williams who continued to trade with her/thereafter in his~owii"narn"er If was while he was running the yesselrtbat the accident to. plaintiff occurred.

After- hearing Mr.: P.. J." O'Regan, for the plaintiff, and Mr. N. F. Foden, for defendant, His Honour said he was of opinion that on Dunn's affidavit it wa3 clear ■ that Williams-! had! some .interest in! the vessel at: the. date, of, the accident. It" was not for^ him -to— ascertain—that interest, he said, »riut the case clearly cama within the provisions of section 47. la accordance, he'matie an order for the sale of the estate or interest'of the defendant in the vessel- pufsuanUto the provisions of section 41.!(5)',^bnti.said he would allow one mtmth before; '.any steps were taken pursuant to the order to allow the parties to reach .a settlement by negotiation. . : ' "':'"•'■*.■.■"■" .