FELLOWES V. WAIMEA COUNTY COUNCIL.

Colonist, Volume LIV, Issue 13359, 7 March 1912, Page 4

FELLOWES V. WAIMEA COUNTY COUNCIL.

Tho law argument in this caso was heard by Mr J. S. Evans, S.M., the President of the Compensation Court, and occupied the whole of yesterday afternoon. Mr Maginnity appeared for the plaintiff, and Mr Harley f<sr respondent. Mr Harley contended that the work, in respect of. which compensation was claimed, was not a public work witliiu tho meaning of the Act. He further urged, if it was, that the work had been carried out bytho consent of the parties, and further, that the County Council had only contributed towards the work, and were therefore not liable. In regard to the application for the amendment of the claim to enable the claimant to claim as mortgagee, he submitted that this would be substitutes a new claim, and should not be allowed.

Mr Maginnity submitted that Mr Fellowes was not.at any timo a consenting party. He cited numerous authorities to show that the work was a public work under section 3 of tho Public Works. Act, 1003. Ho admitted that oh the facts the. claimant must bo bound "'by the findings of the Court, but on tho law he must be held to have an interest in the lands injuriously affected. He also submitted that the statutory power of amendment given by section 7 of.the' Public Works Amendment Act 1909, enables such an amendment as that applied for to be made. If the Court was against him on that point, he urged that tho claimant, was entitled to elaiiv as owner in fee simple in respect of .ill damage which accrued after the land beenmo revested in him, and also ior all prospective damage. "•""Thr P.osident stated that the case was one bristling with difficulties, and he would bo glad toseo it submitted to a higher Court, <for which purposo he would bo quite prepared, if the parties wished it, to state :;, case. In tho meantime ho reserved judgment on tho law.