COMPENSATION AWARD

Greymouth Evening Star, 11 March 1932, Page 2

COMPENSATION AWARD

COURT’S JUDGMENT CONTESTED. [PEE PRESS ASSOCIATION.] WELLINGTON, March 11. The Court of Appeal is hearing a motion for a writ of prohibition, brought against Mr Justice Frazer, and Messrs Prime and Monteith, assessors of the Court of Arbitration, to restrain them from entering and enforcing judgment in the action brought by Florence May Radcliffe, of Wellington, widow, against the Canadian Knight and Whippet Motor Co., Ltd., on the ground that in giving judgment in that action, the Court of Arbitration acted beyond its jurisdiction. Whilst engaged in the business of the company, Wilson Harold ’ Radcliffe, motor salesman, vas killed in a motor accident. Subsequently, his widow took proceedings against his employer's, claiming compensation under the Workers’ Compensation Act. It was contended, on behalf of the company, that Radcliffe was not a “worker” within the meaning of the Act, in that his salary amounted to more than £4OO per annum. The Court, however, ruled otherwise, and awarded compensation df £lOOO and funeral expenses. Alternatively the present plaintiff company asks that the proceedings be moved into the Court of Appeal, and that the judgment be quashed. On the Bench are the Chief Justice (Sir Michael Myers) and Justices Herdman, McGregor, Blair and Smith. The hearing is proceeding.