CLAIM FOR £6875

New Zealand Herald, Volume 82, Issue 25228, 14 June 1945, Page 6

CLAIM FOR £6875

MISSION BAY AEEA METHODS OF FIXING VALUE The principle on which a dispossessed owner might properly claim compensation for land taken for school purposes was debated yesterday before Mr Justice Callan and two assessors, Messrs \ ,} W. Kennv and W. H. Lunn, when the claim of the St. John's College Trust Hoard (Mr Cocker), against the Auckland Kducation Board (Mr Towle), for £6:575 was concluded after two and a-liaif days' hearing. 1 he claim was in respect of an area of over eight acres in Kepa Road, Mission Bay, taken in October, liM.'J, for the site of an intermediate school. What the Court had to determine in fixing compensation was the fair value of the land on the open market as at a specified date, Mr Towle said. He submitted that it was not for the Court to base its valuation on sales of separate sections over a period of, perhaps, months or years, but on a sale to a single purchaser for subdivision, the realisation to come about on one day. Dearth of Authority

Mr Cocker said it had never been laid down that a sale must be in one lot. There was nothing to restrict the sale iu that way, nor did the respondent go farther than merely suggesting the Court must consider the realisation on one day of the money involved. If the suggestion were correct, then if there were no sale and realisation on the specified one day the owner would not get compensation. Subdivision was the natural policy in the area and the Court should consider what would be the full value to the owner if the property had been normally subdivided and sold in sections.

His Honor said Mr Cocker had been using the roductio ad absurdum argument. Unfortunately, there was a dearth of real authority on the point. Counsel put forward two widely -dillering views. He therefore proposed that the three members of the Court should each make two alternative awards oil the different bases suggested by counsel and thai he himself should then state a case for the Full Court. Revised Price of £7550

Continuing. Mr Towle said that factors affecting the price were provision for reserves, a proper allowance for business profit, rates, interest, commission and incidentals. When those were taken into account, the average price of three valuers became £4308, at the rate of £l7B an acre. The amount claimed was too high. Recalled to give evidence on his subdivision of the property, Charles Wynne Chilcott, Government district valuer, fixed a gross price of €75-10 on a revised method of allocating depth to sections.

Government valuers had a conservative habit of mind. Mr Cocker said, and Chilcott had said in evidence that Crown valuation practice was usually conservative. Counsel dealt in detail with other submissions bv respondent on the question of expenses. Decision was reserved.

PACKING RECORD

WAR PRISONERS' PARCELS

WELLINGTON WOMEN PRAISED (P.A.) WELLINGTON. Wednesday New Zealand women hold the record for the number of prisoners of war parcels packed in an hour among nations who have sent similar parcels. Ibis was stated at a reception in the Wellington Town Hall this afternoon to pay tribute to the splendid and spontaneous assistance given voluntarily by more than 2500 women of the city and district of Wellington who did this work under the Joint Council of the Order of St. John and the New Zealand I?ed Cross Society. The [lacking of prisoner of war parcels for the whole of the Dominion was done in Wellington. Her Excellency Ladv Newall was present to pay her tribute to the women and others who spoke in glowing terms of the selfless and continuous service given to this "life-saving" effort that meant so much to New Zealand war prisoners were Sir James Klliott, chairman of the* Joint Council, the Hon W Perry, Minister of Armed Forces and War Co-ordination and member ol the National Patriotic Fund Board, the Mayor. Mr \\ . Appleton, and Mr C. G. \\ bite, vice-chairman of the Joint Council.

The number of parcels packed up to last month since the inception oF the work was 1.1.19.620. Stretched end to end. the wire used round the cases would extend 268 miles. The timber user] for 300.000 cases would build eight houses and totalled 1.566.076 superficial feet.

The fastest packing done by the women was 1600 parcels in one hour 50 minutes, an average of 144 parcels a minute This was a record. The fastest time for cases packed, nailed, wired and "°nt to the wharf was 200 in mulct '<iur hours.

BURSARY SCHEME SONS OF SERVICEMEN AGRICULTURAL EDUCATION 10.C.) TAURANGA, 'Wednesday With the object of assisting sons of servicemen in Tauranga and district who desire to take up farming as a career to obtain a first-class education in agriculture, Mr Cedric Banks some time ago offered to make available a farm ot 172 acres at Pye's Pa and a scheme was formulated. Mr Banks has now agreed to transfer the farm to a board of trustees, free of encumbrances and with powers for developmental purnoses.

The scheme provides that after five' years all profits from the farm, above working expenses and allowances for development, shall be used to provide bursaries for sons of servicemen killed in the present war to enable them to attend established agricultural colleges. The area covered by the scheme, to start with, will take in the boroughs of Tauranga, Te Puke and Mount Maunganui, and the Tauranga county. If the funds are sufficient, the trustees are empowered to extend the area and to use any surplus above bursary needs for general purposes to the advantage of agricultural education. The trust is to be known as the Corrigill Trust and is established in memory of Mr Banks' father. Mr E. C. Banks, who was for a number of years chairman of the Auckland Education Board.