JUDGES DIVIDED

Greymouth Evening Star, 14 September 1934, Page 2

JUDGES DIVIDED

TAWA FLAT COMPENSATION « [per press association.] WELLINGTON, September 14. The Court of Appeal gave judgment in the cases of Tawa Central Limited against the Minister of Public Works, and Ella Hare v. the Minister of Public Works. Four Judges comprising the Full Curt, which heard these cases on Jurie 22, were equally divided on the question of law stated for the Court’s decision by Mr. Justice Blair, sitting as President of Compensation Court. The Chief Justice after referring to the fact that the question had not previously arisen held that the claimants could not include for purposes of assessfact that the question had not precould not include fr purposes of assessing compensation any value which had accrued to their land as the result of the Tawa Flat deviation. Justice Ostler was of the same opinion, while Justices Reed and Johnston took the opposite view. ■> The Chief Justice stated that as the Court was . equally divided the Compensation Court would be informed of the two opposite views on the question, and the matter would then have to be determined by Mr. Justice Blair. Speaking for himself and Justices Reed and Ostler, the Chief Justice said the matter called for settlement by legislature, and should be properly cleared up by an amendment to the relevant statute, indicating what the true intention of the Legislature was.