CAR INSURANCE DISPUTE

Poverty Bay Herald, Volume LXIII, Issue 19128, 24 September 1936, Page 11

CAR INSURANCE DISPUTE

AWARD SET ASIDE ARBITRATION PROCEEDINGS IRREGULAR EVIDENCE (Per Press Association.) CiIiUSTCIIURCII, last light. pn the conclusion of the hearing of the case in the Supreme Court to-day. the judge made an order setting aside the award of iJ£75 made by the umpire in favour of Ambrose Reeves Harris. a company director, timing the arbitration proceedings in August. 1935, following the claim fur .C3CO. the full amount of the policy, made by Harris against the National Insurance Company ol New Zealand, in respect to damages to a ear owned by Harris. Replying to the case for the company, which had applied lo have the award set aside, counsel for Harris. Mr. Sim, claimed thai the. umpire in the arbitration proceedings. George Daniel Simpsun assumed the position of an umpire ivlicii the arbitrators laded. lie foetid tin- car wa< a total wreck, istimated the damage and held that the salvage belonged to the company. Actually. .Simpson deal! only with the question of damages. Mr. Sim contended I hat the award was unassailable on any ground at all. The award had gone against the company and. lor this icnshii the company now sought lo upset it. His llonnar ordered' that the award given at arbitration should he set iicdn. "It is quite clear that one of the arbitrators, Stacy, assumed his funeiion to l.e that of advocate for the side ; pppiciting him." said the judge. "The other arbitrator, Kennett, did not and the arbitration then proceeded against the rules necessary to obtain substantial justice. . . • Kveinuallv." His Honour continued) • the award was that of the umpire who noceeded on irregular evidence and to view the car without- the knowledge ol ho company. The umpire, following •Uaev's irreeudaritv. improperly pro■ceded to his award, which should be iet aside.'' Costs £ls were allowed against liar-