ARAI COMPENSATION CASE

Poverty Bay Herald, Volume XXXIV, Issue 11116, 2 November 1907, Page 5

ARAI COMPENSATION CASE

THE JUDGMENTS

OWNER AWARDED £106,502 AND

LESSEE £7,447.

There was a large attendance at the Compensation 'Court this morning, when judgment was delivered m the Arai compensation cases. His Honor, the Chief Justice, presided, the assessors being Messrs G. Matthewson (for the Crown), Bateson (for the owner, Hon. Randall Johnson), and James Macfarlane (for the lessee, Mr John Clark). Judgment was received by Mr David Findlay and Mr J. W. Nolan, for the Crown; Mr Martin Chapman, K.C., with Mr Sainsbury, for the Hon. Eandall Johnson ; and Mr C. P; Skerrett, K.C., and Mr G. Stock for Mr J. Clark.

i His Honor, the ; Chief Justice, stated that he wished to preface the judgment with a- few remarks, and continued: "I regret that the award is not unanimous, as Mr Bateson is a dissenting party. He is of opinion that the amount is- below the selling value. Mr Matthewsori, on the: other hand, states that he reluctantly agrees to the amount fixed, so that there may be an award. lam not surprised at the disagreement. The values given by the experts are irreconcileable; The average of the claimant's valuers was m round numbers £136,000, whilst that of the - respondent's valuers was £101,000. The claimant's own claim was £127,000, whilst that* of one of his valuers was £143,000. One of the Gpvernment experts fixed the value at £97,000. As it was useless to reconcile these conflicting valuations, I had to discard them and adopt another test. I took the carrying capacity as fixed by Mr Clark ior three years, and I took the value for sheep as fixed by the only witness called for the claimant engaged' m sheepfarming m the district, Mr Strachan. This rate was higher than, : the .properties mentioned by MY Brodrick and Mr Lewis: as; haying; been s6ld” during" the last : tW6 ; yeats. fetched. On this basis I acted/ adding,, a sum.: for buildings; and for land used for raising grass seed, f "Johnson v. Minister of Lands. — The amount of the award m this case is £106,502. This includes costs allowed, and a deduction has been made of £3474 for goocUwill of lease of two and one-third years. As by law the -compensation is hot payable under -the Act' until effective occupation is given, and as the date for that occupation has been fixed as the 30th March, 1908^ the claimant will be to all the rent under the lease until that. date. Each party will pay his own costs arid assessor. . I fix each asses* sor's fee at £60. I can only fix a fee for each sitting day, and the claimant's assessor, though sitting -m Court, was not sitting as an assessor' on Thursday afternoon or Friday. If no. agreement is come to as , to interest 5 per cent, is fixed", to begin to be payable after the 30th of March, 1908, [ "Clark v. the Minister Of . Lands.— The amount of the award m ! this case is £7,447. This includes costs. Each, party will therefore pay his own costs and assessor. I fix the assesors' fee at £30 each. I can only fix for each day's sitting on the case. The claimant will pay his rent to the owner, Me Johnson. If ho agreement is come to as to interest,^ p per cent. ; is fixed, to begin to be payr able on the 30th March, 1908. In this Case the award,. I am pleased to say, was unanimously agreed to." : ■. ,