PAYMENT FOR BUSES.

New Zealand Herald, Volume LXIV, Issue 19799, 21 November 1927, Page 10

PAYMENT FOR BUSES.

CLAIMS FOR COMPENSATION. SUM OF £19,902 AWARDED. COSTS TO BE ARRANGED. The Compensation Court on Saturday awarded compensation totalling £19,902 5s 5d to the Mount Eden Bus Company,> Limited, and R. H. Hieatt, for motorbuses taken over by the City Council. The Court consisted of Mr. Justice Herdman, president, Mr. G. R. Hutchinson, assessor for the City Council, and the Hon. E. W. Alison, assessor for tho bus proprietors. Forty-four vehicles were involved and the Mount Eden Bus Company claimed £34,495, and Hieatt £8509. Mr. Meredith and Mr. Armstead appeared for the claimants and Mr. Johnstone for the respondents. • lu the case of the bus company the Court awarded £16,427 5s 5d as compensation on all accounts, with interest thereon at the rate of 6 per cent, per annum as from August 14, 1927, to the date of payment. Assessors' fees were fixed at £lO 10s a day as for eleven days. In the case of Hieatt's claim the Court awarded the sum of £3475, as compensation on all accounts, with interest thereon at tho rate of 6 per cent, per annum as from August 14, 1927, to the date of payment. Assessors' fees were fixed at £5 5s a day, as for eleven days. In each case each party was ordered to pay its own assessor, the question of costs to stand over. On the question of costs His Honor pointed out that in respect of these claims a preliminary question had to be decided, namely, whether or not these bus companies were in substantial competition with the tramways. That involved a hearing extending over four days, and was decided in the claimants' favour. He was therefore of opinion that they were entitled to costs. It was an unusual position. Had it not been for this pre-, iimjnary question to be decided ho would have directed each party to pay its own costs. Mr. Johnstone said that subject to consultation with his clients he would say that tho claimants should be allowed costs for the four days' litigation on which they succeeded and that as to the rest respondents should be allowed costs. His Honor: Oh, no. Had it.not been for that point the order would have been that each party should pay its own costs. They should do so on the actual matter of compensation and I hold strongly that on the other matter the claimants are entitled to costs. Mr. Johnstone and Mr. Armstead said there should be no difficulty in coming to an agreement, and His Honor formally adjourned the case until next Saturday, expressing the hope that in the meantime costs would be arranged.