COURT DAMAGES

Evening Post, Volume CXXVIII, Issue 30, 4 August 1939, Page 10

COURT DAMAGES

IN WEEKLY AMOUNTS

CHIEF JUSTICE COMMENDS IT

JURY'S SUGGESTION

The opinion of a Supreme Court jury "that some method should be employed in administering damages awarded to see that the amount is paid out in weekly sums or as required for the purchase of a business, etc.," was commended by the Chief Justice (Sir Michael Myers) in the Supreme Court today. The jury's written opinion was handed in by the foreman (Mr. F. M. Clarke) when giving the decision on a civil case beard yesterday but by an oversight was not brought to the notice of his Honour, who today called the foreman before him and explained the position. "Your jury took so much trouble in jthe matter that it is due to them and ito you that I should refer to your notes," said his Honour to Mr. Clarke. "A very excellent suggestion," was his Honour's comment on the jury's expression of opinion concerning the paying out of damages. His Honour pointed out, however, that according to the law a person who was an adult and had no special disability was entitled to have his money at once. If he was in the eyes of the law a minor the law provided that the money should not be paid to him or to his guardian but to the Public Trustee or to some other trustee appointed by the Court, to 'be used for the maintenance or advance- | ment of the infant. Even in such a case as that any unexpended balance of money would be paid to him at the age of 21. | His Honour said that-he was unable to do anything about the matter in the present case. The same suggestion as that made by the jury had been made by at least one Judge some time ago, and his Honour thought it a very good I one. "I will see that it is sent to the ! Justice Department, so that if it is I thought fit some amendment to the llaw may be made. It is not a matter 1 over which I have any control." PREPARATION OF PLANS. The same jury made another suggestion concerning plans of scenes of motor accidents. "If the traffic department could supply drawings of the locality with all relevant particulars including measurements it would be a help to the jury. This could be done in collaboration with the Police Department," said the jury. "I don't think anything requires to be done in connection with that representation," said his Honour to the foreman, "because the police and the Corporation and the Government Departments are always ready to help in matters of the kind, and the Court welcomes and appreciates the assistance that is obtained from Government and local body departments." His Honour concluded by commending the jurymen for their careful attention to the case. Mr. Clarke said that there was no suggestion by the jury that the police and traffic department did not collaborate, but it was suggested that they might co-operate to produce a drawing. His Honour said that they w*ere always prepared to do that.