BUILDING DISPUTE

New Zealand Herald, Volume LXXI, Issue 21857, 20 July 1934, Page 14

BUILDING DISPUTE

AN ORDER SET ASIDE QUESTION OF ARBITRATION [~UY TELEGIUFH —rRESS association! WELLINGTON, Thursday The Court of Appeal yesterday gave judgment on a preliminary question arising out of an action which Arthur Edward White, engineer, of Iverikeri, Bay of Islands, commenced last November against E. I'. Moir, retired accounting officer, of Iverikeri. White contracted in 1931 to build a houso and outhouses for Moir on a section at Kcrikeri at a cost of £1823, and is now claiming £291 Is 4d, alleged to he the balance of the contract price, plus certain extras and other items.

Moir denies that the contract was completed oi; that the extras were authorised by him, and is counterclaiming for £2OB 4s 4d in respect of uncompleted matters, alleged defective work and various breaches of contract. In March last White moved for an order'that all questions in dispute in the action, other than matters of law, be referred for inquiry or report to a special referee. Moir objected and asked that tho matter lie adjudicated on by the Court.

Mr. Justice Ostler made nn order at Auckland directing that all questions in dispute other than matters of law or the issuo of fraud bo referred to Hubert Thomas Clements, builder, of Otahului, for inquiry in terms of section 14 of the Arbitration Act, 1908. Against this order Moir appealed. The Court, delivering judgment, was unanimous that the appeal should bo allowed on the ground that the order for arbitration niado l>y the Judgo in the Court below was too wide and should ho sot aside without prejudico to the right of either party either now or at a future time to apply for reference under tho Arbitration Act of any specific question or questions. Costs and disbursements were allowed to appellant.