DELAYED ACTION

Evening Post, Volume CXVI, Issue 96, 20 October 1933, Page 2

DELAYED ACTION

APPEAL ALLOWED

Non-compliance with sub-section 2 o! section 353 of the Municipal Corporations Act, 1920, requiring any action tv be commenced within six months after the act or thing complained of was done or omitted, was waived in a judgment given by the Chief .Justice (Sir Michael Myers) in the "Supreme Court in August, in the case of James Laming against, the Wellington City Cor* poration.

The Corporation appealed from his Honour's, judgment waiving non-com-pliance with this sub-section, and also sub-seotion 1, requiring persons taking action to give- one month's written notice to the Corporation of their intention to do so. '

The Court of Appeal today allowed the appeal. ■

In their judgment Mr. Justice Ostlet and Mr. Justice .Smith stated at length' their reasons why the appeal must succeed, and Mr. Justice MaeGregor added:—"lt is admitted by the plain* tiff in this section that the : jTequire* ments of section. 353 of the. Municipal Corporations Act, 1920, have npt been, complied with by him, arid in my»judg« merit no 'reasonable excuse' has beeu! established for his nOn-conipliancfe with these peremptory requirements- of the statute. I think the -same: result woulrl have beeu 'arrived at by/the learned Chief Justice, had tho ■ matter Tteeu argued before hirii as .thoroughly as it ■was in this Court.",.- ". .! ...

Tho appeal was allowed-accordingly*