APPEAL ARGUED

Southland Times, Issue 22010, 9 May 1933, Page 8

APPEAL ARGUED

DECISION OF WARDEN. A RIVERTON CASE. An appeal, on law and fact, from a decision of the Warden’s Court at Riverton was argued before his Honour Mr Justice Kennedy in the Supreme Court yesterday afternoon, the appellant being James Hall, a miner, of Pahia (defendant in the Warden’s Court) and the respondent William Knowler, a farmer of Pahia (plaintiff in the Warden’s Court). Mr John Tait (instructed by Mr E. B. Patrick) appeared for the appellant, while Mr W. A. Stout (instructed by Messrs Hunter and Mackenzie) represented the respondent. In his statement of claim in the Warden’s Court, the respondent had said that by reason of mining operations conducted by the appellant on the respondent’s land its surface was undermined; that owing to such operations the land was liable to subside, thereby rendering it dangerous to stock and that the appellant had, in consequence of such operations, trespassed on the respondent’s land. The respondent accordingly had claimed

that the appellant should give security to the satisfaction of the Warden for payment of all claims in respect of any damage either to the stock or to the drainage system of the land, or in the alternative, that the appellant should deposit such sum as should in the opinion of the Warden be sufficient to cover such damage. The respondent further sought an injunction, pending the giving of the security or the deposit of the sum of money, restraining the appellant from carrying on mining operations calculated to cause such damage. The Warden granted the injunction sought and it was from such decision that the present appeal was brought. After hearing legal argument on both sides, his Honour reserved his decision.