COMPENSATION CLAIM

Hawke's Bay Tribune, Volume XXIV, Issue 234, 15 September 1934, Page 7

COMPENSATION CLAIM

Tawa Flat Deviation

FOUR JUDGES DIFFER

WELLINGTON, Sept. 13.

The Court of Appeal gave judgment in the cases of Tawa Central, Ltd., against the Minister of Publie Works and of Ella lloare v. the Minister of Public Works.

The four judges composing tho Full Court which heard these cases on Juno 22 were equally divided on the question of law stated for tho Court’s decision by Mr Justice Blair sitting as president of the Compensation Court. The Chief Justice, Sir Michael Myers, after referring to the, fact that the question had not previously arisen, held that the claimants could not include for tho purposes of assessing compensation any value which had accrued to their laud as as a result of the Tawa Flat deviation. Mr Justice Ostler was of tho same opinion, while Mr Justice Reod and Mr Justice Johnston took the ' opposite view. Tho Chief Justice stated that as tho Court was equally divided the Compensation Court be" informed of the two opposite views on the question and the matter would then have to bo determined by Mr Justice Blair. Speaking for himself, Mr Justice Reed and Mr Justice Ostler, tho Chief Justice said that the matter called for settlement by tbo Legislature and should bo properly cleared up by an amendment to the relevant Statute indicating what was the true intention of tho Legislature.