DISPUTED ACCOUNT.

New Zealand Herald, Volume LXVI, Issue 20332, 13 August 1929, Page 11

DISPUTED ACCOUNT.

FIRM'S CLAIM FOR £679.

ADJOURNMENT FOR FORTNIGHT,

A claim for an account of £679 between John Burns and Company, merchants (Mr. Reed), and Colin C. McLiver, plumbing contractor (Mr. Fiddes), was argued in tho Supreme Court yesterday, before Mr. Justice' Ostler. Mr. Fiddes submitted that tho matter was one for reference to the registrar for tho taking of accounts between tho parties. Tho account was for £15,000, and the plaintiff showed a balance of £679. 'ihero were a number of disputed items, and that was why the amount had not been settled at the time. Defendant was a skilled tradesman, who took on large plumbing contracts. Until defendant had an account supplied ho could not defend tho respective items. Defendant had been refused inspection of the books.

Mr. Reed said that the account bad been opened in 1920, and it had not been balanced off since October, 1921. Interest had boon charged since December, 1924. There had nover been an account stated. Accounts had been sent monthly. Defendant had had ample opportunity to go into tho statements that had been made. The accuracy of tho account had never been challenged until last March. If application for particulars was made after undue delay the application could bo refused. They were entitled to assume that accounts were accepted unless objection was made within a rcasonablo time. Mr. Fiddes said it was not admitted that any money was owing. His Honor said that if defendant had taken the proper course and applied for particulars as soon as tho writ was issued and particulars had been refused it would have been the duty of tho Court to order tho production of particulars. But defendant had left the matter alone until last Friday. Particulars could bo ordered only on condition that £3OO was paid into Court.

Mr. Fiddes said that his client could not accept that condition, and Mr. Reed proceeded to call evidcnco in support of the account. After evidence had boen heard (ho case was adjourned for a fortnight in order to permit further investigation to bo made of the accounts.