LAND FOR RAILWAY

Otago Daily Times, Issue 22368, 15 September 1934, Page 5

LAND FOR RAILWAY

ASSESSMENT OF COMPENSATION CASE BEFORE FULL COURT. (Per United Press ' Association.) WELLINGTON, September 14. The Court of Appeal gave judgment in the case of the Tawa Central, Ltd., against the Minister of Public Works, and Ella. Hnare versus the Minister of Public Works. Four judges comprising the Full Court which heard these cases on June 22 were equally divided on the question of law stated for the court’s decision by Mr Justice Blair sitting as president of the , Compensation Court. The Chief Justice (Sir Michael Myers), after referring to the fact that a question had not previously arisen, held" that the claimants could not include for the purposes of assessing compensation any value which had accrued to their land as the result of the Tawa Plat deviation. Mr Justice Ostler was of the same opinion, while Mr Justice Reed and Mr Justice Johnston took the opposite view.

The Chief Justice stated that as the court was equally divided the Compensation Court should be informed of the two opposite views on the question and the matter would then have to be determined by Mr Justice Blair. Speaking for himself and Mr / Justice Reed and Mr Justice , Ostler, the Chief Justice said the matter called for a settlement by the Legislature and should be properly cleared by an amendment to the relevant Statute indicating what the true intention of the Legislature was.

The claimants—Tawa Central, Ltd., and Ella Hoare —both claimed before the (Compensation Court in April and May for compensation in respect of land taken, and also for injurious affection in respect of other lands belonging to them. The construction of the deviation was commenced in 1927, so that by September, 1931 (the date at which the value of the land taken had to be ascertained) land in the vicinity of the deviation had greatly increased in value. The respondent, the Minister of Public Works, contended that, in fixing compensation, no account should be taken of such increase. The president of the Compensation Court tentatively ruled in favour of the claimants, but stated a case for the Appeal Court, which was asked to decide whether any such value accrued to the said lands as at September, 1931, is to be included, or excluded, for the purpose of assessing compensation. If the president's ruling is upheld, Tawa Central, Ltd., will bo entitled to £2IOO, plus interest, and Ella Hoare to £4OO, plus interest. Should the court decide in favour of the respondent, compensation will be reduced to £865 and interest, and £175 and interest respectively.