COMPENSATION CLAIM

Otago Daily Times, Issue 23951, 28 October 1939, Page 16

COMPENSATION CLAIM

AN AWARD OF £5060

COURT’S UNANIMOUS DECISION

In the Supreme Court yesterday his Honor Mr Justice Ostler delivered a reserved judgment in the case in which Catherine Wood claimed £6563, plus interest, as compensation for properly taken over by the Otago Hospital Board under proclamation. The award of the court was £5060 for the plaintiff, with costs totalling £l5O and disbursements. At the hearing the plaintiff was represented by Mr J. S. Sinclair and Mr C. B. Barrowclough, and Mr A. N. Haggitt and Mr J. C. Robertson appeared for the defence. Associated with the court as assessors were Mr J. M. Samson (representing the plaintiff) and Mr E. C. Reynolds (for the Hospital Board). His Honor said he was happy to say that the court had been able to come to a unanimous decision in the matter. It had taken into consideration the question of the market value of the land and buildings, the fact that the claimant retained the profits of the land until December 19, 1938, and that since then up to the present time she had retained possession of one of the houses. Consideration had also been taken of the rates and insurance premiums which she had paid, giving her credit for all amounts overpaid from December 19, 1938, to the date on which they were paid, and from this amount had been deducted the sum of £7 which she had received in extra rent. Taking all these ’ matters into consideration, the claimant would be awarded the sum of £5060. From now on the claimant would have to pay rent to the board for the house she was now occupying. With regard to costs, the claimant had been only partially successful. She would therefore be allowed the sum of £l5O for costs, with court disbursements. Each would pay her or its own witnesses. The fees of the assessors were fixed at £l2 12s a day each for two days, each party to pay her or its assessor.