SUPREME COURT

Otago Witness, Issue 3101, 20 August 1913, Page 28

SUPREME COURT

IN CHAMBERS. Friday, August 15. (Before hie Honor Mr Justice Williams.) Probate was granted in the estates of the following deceased persons:—John M'Leod, James Foster, and William Hay. Letters of administration were granted in the estates of David Stewart, Eliza Annie Nichol, and Emily Agnes Alexander. In re James Hcsson • (Deceased). —Petition for leave to sell land. (Mr Tonkinson). —Accordingly. In re A. B.—Petition for appointment of committee. (Mr Wilkinson).—Accordingly ; referred to registrar to inquire and report as to security. Morris v. Morris. —Summons for leave to amend or alter proceedings. (Mr White.) — Accordingly; 28 days to file amendment.

IN BANCO. R. H. FRASER V. SMITH AND SMITH

In this case the plaintiff was Robert Henry Fraser and the defendants Smith and Smith, and the arbitrators between the two parties made application to the court for directions as to their action in certain matters. Fraser was at one time an employee of Smith and Smith (Limited), and disputes had arisen between them os to the question of commission, etc., and in accordance with an agreement arrived at between them these disputes had been referred to arbitrators. After this had been done Smith and Smith dismissed Fraser on account, it was alleged, of insulting and insubordinate behaviour, and repeated refusals to obey orders. Fraser then claimed damages for' wrongful dismissal, and this claim had been referred to the same arbitrators— Messrs A. S. Adams, 0. E. George, and T. Chalrncr The arbitration commenced on August 23, 1911, and continued till September 30 1912, during which period the arbitrators’ had had 56 sittings, occupying 94 hours, and had heard the evidence of 27 witnesses. Fraser claimed the right to call further evidence to rebut the evidence which had been given by witnesses for defendants. The arbitrators had declined to agree to this, and Lad stated a case for the opinion of the court, and this case now came before his Honor. Mr Calvert appeared for plaintiff and Mr Stephens for defendants. The case having been argued, his Honor held that the arbitrators were not called upon to hoar rebutting evidence, and ordered plaintiff to pay £5 5s costs.