COMPENSATION CLAIM

Evening Star, Issue 20981, 21 December 1931, Page 8

COMPENSATION CLAIM

ACTION AGAINST CITY AWAITING THE DECISION COURT ADJOURNS TILL TO-MORROW The Compensation Court which heard the case in which a claim for compensation was made by Berwick farmers against the Dunedin City Corporation resumed sitting this morning. Hi® Honour Mr Justice Kennedy presided, and the assessors were Sir M. Stevenson (for the claimants) and Mr James Begg (for the corporation). The claim was made by W. J. and M. H. Reid for £1,650 for the depreciation of the value of their farm property at Berwick, allegedly as the result of the operations of the corporation in the erection and use of a dam on the Waipori River for the storage of water. . , ■ , His Honour; “ In this case the court desires, if counsel can agree iipon a statement to be used as evidence, to have an answer to the following question :

What is the maximum amount of water, expressed in cusecs, which the present plant installed at uaipon is capable of dealing with? “ I say in explanation of that: What is wanted by the court is not a monthly, weekly, or daily average, but the maximum to which the consumption of water may rise. The court quite recognises that there may be very good reasons, quite apart from the difficulty of arriving at an agreement as to figure, why the parties may not be advised to answer that question, and if counsel so intimate then no adverse inference will be drawn as against his side. If the parties■ aie able to agree as to the figure they will, please, by .their counsel, lodge with the registrar of the court a signed memorandum embodying the answer to the* question put. If, on the other hand, the parties are unable lor any reason to answer the question, or do not desire to answer it, then will they please intimate to the registrar by memorandum that they_ are unable to agree upon answering it. “ I repeat for the sake of clearness that the court quite recognises that it is possible the answer to the question may open up other questions, and that counsel may, although agreeing as to figure, find it necessary to advise his client that the answer might prejudice. The registrar will hand counsel a copy of the question. If the parties are able to answer the question it will be convenient to the court to have it as soon as possible. It tne parties are unable to answer it then it will be convenient also for the court to know as soon as it may.’ His Honour then adjourned the court till 2.15 to-morrow afternoon.