COURT OF APPEAL

Hokitika Guardian, 14 October 1933, Page 5

COURT OF APPEAL

[ SOLOMON CASE CONTINUED (Per Press Association —-. Copyright ) WELLINGTON, October 13. The hearing of the appeal case of 'Minnie Solomon, against- the Crown, continued in the Court of Appeal this morning. ‘Mr O’Kogan, counsel for appellant, explained that the party of which deceased was a member, was employed by the Crown, under a document described as “road co-operation contract,” in which the members were referred to as contractors. He submitted the fact that the men called themselves contractors, was nothing jnore than prime facie evidence l , which had to be supported by the circumstances of employment. In the case before the Court, there was no question of payment by a lump sum, which usually character.sed independent contracts.

Although not an essential element, lie pointed out that although the men were often left to themselves and they were virtually their own masters, nevertheless they were constantly wor cinrr in the presence of the engineer, who had the right at any time to take them off the contract and put them on other work. He submitted that was a very strong point in favour of his contention of a contract of service, as opposed to an independent contract. Mr Justice Smith said that if that were the position, it would seem to go to the root of the matter.

Mr W. 1). Campbell, counsel for the Crown, contended that the appellant must establish relationship of master and servant, witch she alleged to exist, from the agreement alone, and that without recourse to any other evidence. He submitted that examination of the agreement disclosed that Solomon and bis associates were independent contractors, and not servants of the Crown. Even evidence outside the contract dicl nothing to weaken the Crown’s contention in tliat respect.

The Chief Justice referred to the /deduction of the uinemployment tax; on the Public Works department payment voucher, and he pointed out that deduction was a duty only if the payment was wages. The Court reserved its decision.