COMPENSATION CLAIM

New Zealand Times, Volume XXXVII, Issue 8480, 15 July 1913, Page 10

COMPENSATION CLAIM

LEGAL POINTS DECIDED. In the Full Court yesterday argument was heard on legal points stated in connection with a compensation case recently heard by his Honor Mr Justice Sim. On the Bench were their Honors Mr Justice Denniston, Mr Justice Edwards, Mr Justice Cooper, Mr Justice Chapman, and Mr Justice Sim.

The claimant was Joint James Boyd, of Kilbirnie, and tli© defendants tho Wellington City Corporation. Sir John Findlay, K.C., with him Mr D. M. Findlay, appeared for the claimant, and Mr J. O’Shea for tho corporation. Tho claimant, who is tho owner of house property in Childers terrace, Kilbirnie, alleged that the corporation, by raising tho level of the road and erecting a concrete wall, had injuriously . affected his property by depriving it of proper means of access, rendering it damp and cutting off part of the light. In the Compensation Court evidence was heard and the facts determined. On these facts the Full Court was asked to decide; —(a) Was the street where it adjoined claimant’s land formed in some permanent manner within the meaning of section 188 of the Municipal Corporations Act, 1908? (b) Had there been such an alteration of level as would entitle the claimant to compensation if the street had been constructed in some permanent manner ? Before hearing argument their Honors viewed the property. After hearing Sir John Findlay’s argument the court decided the first question in favour of the defendants. In regard to question (b) it was held that no answer was necessary.