BIG ISSUE INVOLVED

Evening Post, Volume CXVI, Issue 25, 29 July 1933, Page 11

BIG ISSUE INVOLVED

MANY OTHER CASES

HAWKE'S BAY DISASTER

In. these four cases arising out of tho Hawke 's Bay earthquake, tho question in issue was whether workers injured or killed while at work during the earthquake camo within the ambit of the Workers' Compensation Act. In Brooker's case, tho widow of Thomas Brooker claimed compensation for the death of her husband, who was killed in the collapse of the Whakatu Freezing Works, Hastings, but in two of the other cases—John Ryan y. Thomas Borthwick and Sons, Limited; John Preudergast v. Nelsons (N.Z.), Limited —the claimants were injured, but not fatally. In the Ashwell case—Philo- '' mena Mary Ashwell v. Brenuan and Fenton—the appellant's husband was , killed in one of the Napier streets while on his way to the post office for his employer's mail. * These four cases ar© regarded as typical of a largo number of others , arising out of tho earthquake. Sir Stafford Cripps, K.C., with him Mr. Grauvillo Slack, K.C., appeared in the Privy Council for all the appellants, ! while Mr. Wilfrid Greene, K.C., with him Mr. W. R. Duckworth and Mr. 11. , P. Richmond (Auckland) represented the respondents. FINANCING TEST CASES. In connection with the appeal to the Privy Council, the solicitors acting for tho appellants, Messrs. P. J. o'Began ■ and Son, aud Messrs. Luckis and Wiron, and tho Public Trustee, executive officer , of the central committee, Hawke's Bay Earthquake Relief Fund, explain that . a number of applications were made under the Workers' Compensation Act in respect of persons killed and injured in the earthquake. Certain cases, representative of the whole, were, by arrangement amongst the parties concerned, brought before tho New Zealand Court of Appeal, which decided : that tho injuries sustained by tho workers or tho deaths of the workers did not ariso -in the course of their employment, and that claims for compensation did not,lie. . An appeal to the Privy Council was considered desirable, but before this could bo undertaken it became necessary to mako provision for tho required costs. As may bo imagined, tho expenses attendant on such an appeal amount to a considerable sum. The appellants themselves were quit© unable to provide tho necessary funds, arid it was obvious, that tho appeals could not be proceeded with unless funds were made available from some outside ' source. ASSISTANCE PROM FUND. Application was thereupon made for financial assistance out of the amount subscribed for the sufferers from the Hawko?s Bay earthquake of 1931. The Central Committee decided that a reasonable sum should bo made available for the purposes indicated, and authorised tho Rt. Hon. the Prime Minister, chairman of the committee, and the Public Trustee, as executive officer, to mako tho necessary arrangements. In arriving at its conclusion the commitee was actuated by the consideration, that if compensation could bo obtained in respect of the deaths or injuries of' workers caused by the earthquake, a saying would result for tho fund, as it would be relieved of portion of the burden of providing for persons injured or tho dependants of persons injured or killed. In addition, . tho costs which have been provided are to be refunded from any moneys re- , covered. Several conferences have been held by the Public Trustee with the appellants ' solicitors, and throughout there has been close co-operation between them and tho Public Trustee. At the request of tho solicitors, the Privy Council submissions were perused by tho Public Trustee before their dispatch to counsel in England. COMMENT BY COUNSEL. "I am naturally gratified," said Mr. P. J. O'Regan to a "Post" representative today, "that the view I have taken from the outset about the claims arising out of tho earthquake has been uphold by tho highest judicial tribunal in tho British Empire, more especially as my view was not widely shared by the profession. I may add that oue of the terms iv tho agreement made with insurance companies, whereby it was made possible to take these cases to the Privy Council, is that, in the event of our appeals succeeding, lapse of time was not to be pleaded against any claims. Of course, it Way well be that in any event the Court of Arbitration would have held that under the extraordinary circumstances / arising out of the earthquake, lateness in commencing proceedings was duo to reasonable cause within tho meaning of section 27 of tho Workers Compensation Act. Of course, there will now be a largo number of claims, but presumably they will be settled by negotiation."