GISBORNE HARBOUR CONSTRUCTION.

Otago Daily Times, Issue 18512, 24 March 1922, Page 6

GISBORNE HARBOUR CONSTRUCTION.

NOVELTY OF SCHEME CHALLENGED. (Pm United Press Association.' GISBORNE, March 23. The Supremo Court was occupied to-day with the hearing of on application fox a declaratory judgment on the question as to whether the harbour scheme prepared by Mr George H. Lysnar contains an element of novelty. The Harbour Board contends that it docs not, and that therefore it is not liable to pay Mr Lysnar any remuneration in accordance with the agreement entered into between them. The board recently adopted the scheme propounded by Mr Leslie Reynolds, which Mr Lysnar claims is practically the same as his. The proceedings are of a formal nature. Mr Reynolds was cross-examined at length. He contended that Mr Lysnar‘s scheme was not novel, as in 1892 he forwarded to the Harbour Board a plan which contained the essential principle adopted by Mr Lysnar. Mr Gerald Fitzgerald, civil engineer, of Wellington, testified that he had examined various plans and reports, and had not been able to discover anything novel in harbour construction in Mr Lysnar's plan. It would not he possible for anyone to proceed with the construction of the harbour on the material provided by Mr Lysnar. After further evidence Mr Burnard, connsol for respondent (Mr Lysnar), said that he proposed to call a number of witnesses in Wellington. Mr Myers, for the applicant board, suggested that his Honor should refer the case to the Court of Appeal, subject to Mr Burnard’s right in the meantime to call evidence in Wellington. His Honor agreed to the suggestion of Mr Myers.