WARDEN’S COURT

Greymouth Evening Star, 29 July 1932, Page 2

WARDEN’S COURT

SELLING MINING PRIVILEGES.

The case of Jack Ridden, of Bell Hill, miner, v. Bell Hill Gold Sluicing Co., Ltd., an application for the selling of mining privileges to pay wages due, was resumed at the Greymouth Court this morning, before the Warden, Mr W. Meldrum. Mr T. F. Brosnan represented the applicant, and Mr F. A. Kitchingham the defendant. Legal argument was heard this morning on ,the ■ application, which was adjourned on Tuesday, after evidence of Mr Tish, managing-director of the company, had been taken. ' Mr Kitchingham urged’ that as Fisher, the contractor, had by his agreement to terminate the contract made it a condition that all claims, which he had against, the company, would be postponed until the dam was completed, there were, therefore, no moneys owing by the company to Fisher, which were available to meet the liens. ,

Mr Brosnan, however, contended that the agreement merely postponed the payment o£ an amount, which was payable to Fisher ,at the date of the termination of his contract. He pointed out that the value of the worli done, prior to the termination of the contract, was £76/5/7, which, less 25 per cent (pursuant to the contract), and less advances already made, left a net sum of £42 odd, which was more than the amount required to meet the wages claim. k Authorities were cited by 'counsel on the question as to whether there were any moneys due by the company to the contractor, when the liens were registered. After hearing lengthy, legal argument the Warden reserved his decision.