£175,000 AT STAKE

Poverty Bay Herald, Volume LXII, Issue 18817, 21 September 1935, Page 15

£175,000 AT STAKE

APPEAL FROM DECISION OTAGO DREDGING (CLAIMS ‘ The value at stake so far as the company is concerned, is £175,000 of its capital,” said Mr F. B. Adams in the Dunedin Supreme Court, when Air Justice Kennedy heard' appeals in respect o a warden s decision. The Moiyneaux told Dredging Company, Limited, appealed against a decision of the warden, Mr 11. J. Dixon, S.M., in inflicting two fines for non-complianco with the terms of ticenses in respect to two dredging claims, and J. §. Burrows appealed against a decision of tho warden in declining to grant decree* of forfeiture against the company. The appeals concern two dredging claims on the Moiyneaux River extending from a point about four miles above Clyde to a short distance below Alexandra. The company is an English one with a capital of £250,000, and has let a contract for £70,C00 for the construction of a dredge, and also lodged £12,000 with the Central Otago Power Board, which has undertaken to supply the company with power. For the two claims on the river which are the subject of the action the company paid £84,000. On September 7 of iast year Burrows started his proceedings for forfeiture in respect to eaclr claim, alleging the company had not complied with tlie control h claims are held. Tho warden held ditions and regulations subject to which in his decision that Burrows Intel proved a default on the part of the company in the observance of tho labor conditions. It was contended by tho company that there were special conditions justifying the imposition of a fine instead of a decree of forfeiture. Tlie warden held that Owing lo Burrows’s circumstances it was clear that active mining would not he assisted by making a decree of forfeiture. He thought that- there were special circumstances justifying a tine in lien of a decree of forfeiture, and ho fined tho company ■CICfTu each ortho two cases with costs totalling £l3 10s. After the appeals had been argued at length by Mr F. B. Adams for the company and Mr J. O. Parcell for Burrows, His Honor intimated he would reserve his decision.