COMPENSATION CLAIM

Hawke's Bay Tribune, Volume XXIV, Issue 233, 14 September 1934, Page 5

COMPENSATION CLAIM

Death at Time of Quake CHARGE AGAINST ESTATE Order Made by Supreme Court Compensation for the death of an employee during the earthquake of February, 1931, is to be charged against the freehold property owned by the late Mr. Gill, auctioneer and land agent, of Hastings, under an order made by Mr. Justice Reed in a reserved judgment received at Napier. An order for the payment of £642 2/6 compensation was made tn the first instance by the Arbitration Court, and the purpose of the action was for an order making that amount a charge against the estate of the employer. Such provision is made in the Workers’ Compensation Act

lhe action, which was heard at tho last session of the Supreme Court at Napier, was by the Public Trustee, as administrator of the estate of the late Elinor May Houlahan, against Marjorie Mary Gill, administratrix of the estate of the fate Thomas Henry Gill, first defendant, the Bank of New South Wales, second defendant, and tho Registrar-General of Lands, third defendant.

The tacts of the case that tho late Mr Gill, prior to the eajthqnake of February, 1931, carried on business at Hastings as auctioneer and land agent. The combined business was conducted iu two buildings and attached saleyards. One of the buildings was on the freehold property of Mr Gill and the other, with the saleyards, was on leasehold property which Mr Gill was the lessee. Between the buildings was a 15-foot right-of-way, however, extended only part of the depth ot the sections.

The late Miss Houlahau was employed by Mr Gill as accountant amt bookkeeper of the combined businesses. Her office was in the leasehold part, and she was killed there in the collapse of the building in the earthquake. Mr Gill also was killed in tho leasehold portion.

The plaintiff, as administrator of Miss Houlahan’s estate, recovered judgment for compensation in the Arbitration Court against Mrs Gill, as administratrix in Mr Gill’s estate. Mr Gill’s estate was insolvent, and the employees were not insured. There was no value attaching to the leasehold, so the proceedings were for the purpose of endeavouring to obtain satisfaction of the judgment by recourse to the freehold land.

After quoting a number of cases His Honour expressed the opinion that none of the cases quoted caused him to doubt the opinion already expressed that the injury which resulted in Miss Houlahan’s death arose out of and in the course of her employment about the freehold building. Plaintiff was therefore entitled to an order under the provisions of the Workers’ Compensation Act, 1922,