LABOURER'S FALL

New Zealand Herald, Volume LXXIV, Issue 22851, 5 October 1937, Page 14

LABOURER'S FALL

COMPENSATION CLAIM ACTION AGAINST TRUSTEES NUMEROUS POINTS ARGUED Numerous points under the Workers Compensation Act were involved in a claim for compensation heard by the Arbitration Court yesterday. A labourer, James Judo. proceeded against Harry Oswald Mollsop, president. Albert Edward Robinson, secretary, and Arthur Clifford Axford Sexton, solicitor, as trustees of the Auckland Farmers' Union, to recover compensation for an accident suffered while, employed on their behalf. Some of the points involved were the liability of trustees of an incorporated body, the distance of a iall, the average weekly earnings of a man employed only one day, whether lie was engaged for the purposes of the employers' trade or business, and whether

the employers had a trade or business. The Court comprised Mr. Justice O'Regan, Mr. W. Cecil Prime, employers' member, and Mr. A. L. MOll- - workers' member. Mr. Schramm represented plaintiff, and Mr. Sexton appeared for the defendants. Stating plaintiff's case, Mr. Schramm' said the Auckland Farmers' Union Buildings and Trading Society, Limited, was not incorporated when the trustees acquired premises from the Auckland Transport Board for the society's occupation. Plaintiff was working in this building when he met with an accident. The society had since been incorporated as the Auckland Farmers' Union Buildings and Trading Society, Limited, and counsel submitted that it was as liable as an incorporated body, in view of its intended incorporation. A further point was whether plaintiff's work incurred a risk of falling 12ft. "If a man 6ft. tall is working 6ft. from the ground, how far is he liable to fall?" asked Mr. Prime, to whom Mr. Schramm replied that some part of his body must fall 12tt. Plaintiff's Evidence Plaintiff gave evidence that he was engaged as a labourer on July 8, 1936. by Mr. W. C. Kellett, acting for defendants, to clear a former social hall of decorations before its occupation by defendants. He had done 110 work for 12 months before obtaining this job, and the accident happened 011 the afternoon of his first day at work. Witness said he was standing on the fourth top rung of a 14ft. 6in. ladder, when the bottom slipped and he fell. The ladder was almost upright, and hiß head was against the beams before hp fell. Witness added tlv>t he was engaged at 16s a day, and received no compensation. He was over throe months in hospital, and had been an out-patient ever since. Dr. Kenneth McCaw, who treated plaintiff in hospital, said the accident had totally incapacitated plaintiff for over a year. He would be unable to do even light work for at least another four months. Case tor the Defence Explaining the case for the defence. Mr. Sexton said the building was bought by the defendants as agents for a body to be incorporated. He submitted that, the body not being incorporated at the time of the accident, no general liability could be held against it. Neither the trustees nor the contemplated company were engaged in any trade, business or work. The cleaning of the building was no part of the trade or business of the company. Plaintiff was engaged by an agent of the union for no specified time, and counsel held that his weekly earnings would not exceed 16s. Albert Edward Robinson, secretary of the Auckland Farmers' Union, gavo detailed evidence of the incorporation of the subsidiary company, which he said was not a trading concern, as it made no profits, but operated as a convenience for members of the union The incorporation was completed some time after the accident. William Coral Kellett, an employee of the' union, said the height of the room in which the accident occurred was lift. Bin. to the ceiling and 10ft. Bin. to the bottom of the ceiling beams.

Dr. Kenneth MacCormick said he examined plaintiff, who would always suffer from a partial disability, and would be unable to work for about three months.

After hearing legal argument, the Court intimated that it would take time to consider its decision.