TIME LIMIT EXPIRED.

New Zealand Herald, Volume LXI, Issue 18895, 18 December 1924, Page 14

TIME LIMIT EXPIRED.

WIREMAN'S CLAIM FAILS.

JUDGE EXPRESSES REGRET.

MERITS OF CASE REVIEWED.

Judgment was delivered by Mr. Justice Stringer in the Supreme Court yesterday in ail application by Raymond Francis Grigg (Mr. Sullivan) for a writ of mandamus against the Auckland Electric Power Board (Mr. Rogerson), to compel it to issue a master wireman's license to him in place of one from tho City Council, which he had surrendered.

His Honor said the Auckland Electric Power Board Act stipulated that every action should bo commenced within six months after the cause first arose. In the present instance this was tho refusal of the board in November, 1923, to issue a fresh license, and. therefore the action had not been commenced within six months, as required.

English decisions did not appear to support. Mr. Sullivan's contention that the section in the Act had no application to proceeding!! for a mandamus. Whatever right of action plaintiff had it arose in November, 192,3. That being so, tho section appeared to apply to the case, and effectually barred tho present proceedings. " I regret to have been forced to arrive at this conclusion," said the Judge, " for I think that on the merits plaintiff was entitled to succeed." In his opinion the board's refusal to issue a fresh master wireman's license was based upon an erroneous interpretation of the meaning of the words t) all men now working in Auckland," which, to His Honor's mind, could not reasonably apply to a man who happened to be away on holiday, but intended to return and resume work in Auckland.

Nor did His Honor think the fact that plaintiff made application to tho board for a fresh license and afterwards sat for an examination in which he failed, could in any way operate as a waiver of his original right under the by-law. The motion must be dismissed, but, in the circumstances, without costs.