WATER CONNECTIONS

Northern Advocate, 29 October 1932, Page 11

WATER CONNECTIONS

appeal court ruling.

STATE V. MUNICIPALITIES. <Per Press Association. —Copyright.) WELLINGTON, Friday.' .Judgment was delivered today in ■the Appeal Court case of the State Advances .Superintendent versus* the Auckland City Council and the One Tree Hill Borough Council, heard on October 3. An originating summons was issued by the State Advances Superintendent naming the Mayor, councillors and citizens of the City of Auckland, and the Mayor, councillors and burgesses of the Borough of One Tree Hill as defendants, and removed to the Court of Appeal, for argument. The summons asked for determination of the following cpicstions: — (1) Whether defendants were entitled to refuse to supply water to properties of which the .plaintiff was mortgagee and which ho leased, unless the arrears of rates due in respect of the supply of water to the mortgagors of such properties were previously paid. (2) Whether, when plaintiff had let a mortgaged property, which was already connected with the water supply, but in respect of which there were arrears of water rates, defendants were entitled to disconnect the water supply, although plaintiff was willing to pay ordinary rates, (3) Was plaintiff liable to pay a fair and reasonable charge for the supply of water under the circumstances set out in the statement of facts? The Court answered cpicstions one and two in the negative, and answered the third by saying that, a fair andreasonable charge must, be paid for the supply of water under circumstances set out in the statements of facts, and that the charge made to other persons is at least a tost of what is fair and reasonable. Costs amounting to 30 guineas and disbursements wore ordered to be paid by the defendants. 'in addition to the above answers, Mr Justice Herdman held that the Crown should also pay the cost of connecting up the houses in question with the water system.