RIVER BOARD’S RATING AREA

Otago Daily Times, Issue 19014, 9 November 1923, Page 8

RIVER BOARD’S RATING AREA

APPEALS AGAINST CLASSIFICATION. DECISION REGARDING COSTS. , (Peb United Pef.ss Association.) ■BLENHEIM. November 8. In chambers yesterday, Mr 'I. E. Maine sell, P.M.. delivered his considered' judgment on the question of costs in connection with the recent appeals, against,.the River Board's rating classification. In the course of his judgment his Worship said by analogy with the rule in civil cares that the successful parties should recover costs at would seem that the appellants, who wore successful, should recover costs. The position. however, was difficult and complex. In some cases the appellants were partially successful, and in many cases adjustments were made during (he hearing by consent of the board or by compromise. In these latter cases the -matter of costs was doubtless not in the mind of the board’s counsel. Some were individual hearings and others were heard in groups. In the latter cases to award a lump sum as costs would be of doubtful validity, and to apportion a lump sum among individuals in a group would mean allotting a trifling sum to each individual. Some of the appellants desired to be transferred from class A to class C. and were transferred to class B. Some of the appellants were entirely ‘unsuccessful. “I have considered several alternative schemes.” said bis Worship. “but 1 find that they would bo unequal in their operation as between the various appellants, and I have decided that it is better to make no order as to costs than one of n nature unjustly preferring some of- the appellants. These proceedings are probablv without precedent in New Zealand, and are hardly analogous to a civil action. The board -was overwhelmed by the number of appeals.’’