AWARDED £6737

Evening Post, Volume CXVI, Issue 19, 22 July 1933, Page 5

AWARDED £6737

COMPENSATION CLAIM

LAND TAKEN BY COUNCIL

The total sum of £6737 13s 4d on all accounts from which is to bo deducted and credited to the respondent the sum of £4000 already paid on account was the award made to the claimant in the Supremo Court yesterday in the case of which W. D. Dobson and Co., Ltd., wine and spirit merchants, yesterday claimed £10,850 as compensation from the Wellington City Corporation for property taken by the Corporation in Taranaki Street for street-widening purposes. The Court comprised the Chief Justice (Sir Michael Myers), i with whom, sitting as assessors, were Mr. W. G. Eiddell and Mr. J. M. Dale. "In ■ making this award,'' said the Chief Justice, ."the Court has in ac-, cordance with the agreement between counsel during the hearing, taken into consideration all questions of rent or use and occupation and interest, and the sum of £2737 13s 4d remaining to be paid is a complete settlement between the claimant and the respondent on all accounts as on the Ist day of August, 1933, on which date the respondent has by its counsel undertaken and agreed to pay the amount awarded. If the amount awarded is not paid on August 1, 1933, then the respondent by its counsel has undertaken to pay, and the Court doth hereby award, interest as from that day until the date of actual payment at the rate of £5 per cent, per annum. In arriving at_ the total sum awarded the Court has given credit to the respondent for the sum of £65 paid by it to the Public Trustee on the claimant's behalf for interest, and has also debited against the claimant and allowed to the Corporation the three items of £109 14s 6d, £111 18s 6d, and £38 4s for rates for the respective periods 1931-32, 1932-33, and part of 1933-34, namely to August 1, 1933. These amounts accordingly are no longer payable by the claimant and must be treated by the respondent as having been paid in discharge of the items of rates.

"The claimant's costs are fixed by the Court at tho sum of 80 guineas, and are to be paid by the respondent together with witnesses 'a expenses and disbursements, to be settled by the Registrar if necessary. The respondent is also toi pay the claimant's assessor's fee."

The fee payable to each assessor was fixed by the president at 20 guineas.

Mr. E. M. Sladdcn appeared for W. D. Dobson and Co., Ltd., and Mr. J. O'Shca, City Solicitor, for the Corporation.