CONTRACTORS' LIENS

Evening Post, Volume CVIII, Issue 2, 2 July 1929, Page 10

CONTRACTORS' LIENS

IMPORTANT APPEAL CASE

A case of considerable importance t» contractors and others was heard in the Supreme Court yesterday, when Frank Stanley Ball, contractor, of Wellington, appealed from a decision of Mr. J. S. Barton, S.M. On 16th May last, the Magistrate gave judgment in favonr of the Seotfr Timber Co., Ltd., in a claim of lien under the Wages Protection and Contractors' Liens Act, 1908, against A. Miller, builder, of 111, Hill street, Wellington, and the St. Luke's PropertyTrust Board. The company had supplied timber to Miller to be used in tho erection of the parish hall at Wadestown for the board. Miller disappeared at the time the work was completed, and the board paid into Court the balance of the contract money due by it to Miller to satisfy any aliens which might be established. Liens were claimed by a number of firms, and the Magistrate held that they had all been established. The money paid into Court by the board was not sufficient to satisfy all the liens proved, and Ball brought tho appeal on the ground 'that tho Scott Timber Company's lien had been wrongly allowed. The company had supplied tim> ber to Miller continuously from Majj until October, 1928, and it was contended on behalf of Ball that no con. tinuous contract had been entered into between the company and Miller, but only a series of independent contracts. Ball further contended that the company was entitled to_ a lien only in respect of the timber' supplied during the thirty days prior to the notice of lien, served on Bth November, 1925. On behalf of the company, it was argued that Ball was no? entitled to appeal as he was not a party to the action in the I lagistrate 's , Court between the company and the board. Mr. Justice Ostler was on the Bench. Mr. A. M. Cousins acted for Ball, and Mr. W. H. Cunningham for the Scott Timber Company, Ltd. His Honour said that on account of j the important principle involved he would refer the matter to Full Court for decision. The points will be argued in the Full Court on Friday.