APPEAL SUCCEEDS

Wanganui Chronicle, Volume 76, Issue 178, 31 July 1933, Page 7

APPEAL SUCCEEDS

EARTHQUAKE VICTIMS WORKERS’ COMPENSATION PRIVY COUNCIL CASES (By Telegraph—Press Association—CoDyrifM| LONDON. July 28. The Privy Council allowed four consolidated appeals from the New Zealand Appeal Court judgments in the cases of Brooker versus Borthwick, Ryan versus Borthwick, Prendergast versus Nelsons, Ashwell versus Brennan. It was held that the accidents on which the actions were based and which occurred during the earthquake of February, 1931. arose “out of” the employment of the workers involved therein, because they were injured by physical contact with a portion of th« premises in which they were employed or, as in Ashwell’s case, injured while in the street in the course of employment. The respondents were ordered to pay the appellants’ (costs.

BIG ISSUE INVOLVED MANY OTHER CASES In these four cases arising out of the Hawke’s Bay earthquake, the question in issue was whether workers injured or killed while at work during the earthquake came within the ambit of the Workers’ Compensation Act. In Brooker’s ease the widow of Thomas Brooker claimed compensation for the death of her husband, who was killed in the collapse of the Whakutu Freezing Works, Hastings, but in two of the other cases-—John Ryan v. Thomaf Borthwick and Sons, Limited; John Prendergast v. Nelsons (N.Z.), Limited —the claimants were injured, but not fatally. In the Ash well vase —Philomena Mary Ashwell v. Brennan and Fenton —the appellant’s husband was killed in one of the Napier streets while on his way to the post office for his employer’s mail. These four cases regarded, uh typical of a large number of others arising out of the earthquake. Sir Stafford Cripps, K.C., with him Mr Granville Slack. K C.. appeared in the Privy Council for all tho appellants, while Mr Wilfrid Greene, K.C., with him Mr W. R. Duckworth and Mr H. P. Richmond (Auckland) represented the respondents. Financing Test Cases In connection with the appeal to the Privy Council, the solicitors acting for the appellants, Messrs P. J. O’Regan and Son, and Messrs Luckie and Wiren, and the Public Trustee, executive officer of the central committee, Hawke’s Bay Earthquake Relief Fund, explain that a number of applications were made under the Workers’ Compensation Ac’ in respect of persons killed and injured in the earthquake. Certain cases, representative of the whole, were, by arrangement amongst the parties concerned. brought before the New Zealand Court of Appeal, which decided that the injuries sustained by the workers or the deaths of the workers did not arise in the course of their employment and that claims for compensation did not lie. An appeal to tho Privy Council was considered desirable, but before thia could be undertakpu it became necessary to make provision for the required costs. As mav be imagined, the exposes attendant on such an appeal amount to a considerable sum. The appellants themselves wore quite unable to provide the necessary funds. nn<) it was obvious that tho appeals ccnfld not be proceeded with unless funds were made available from some outside sou ice. Assistance From Fund. Application was thereupon made for financial assistance out of the anWunt* subscribed for the sufferers from tho Hawke’s Bay earthquake of 1931. Tho Central Committee decided that a reasonable sum should be made available for the purposes indicated, and authorised the Rt. Hon. the Prime Minister* chairman of the committee and th<» Public Trustee, as executive officer, to make the necessary arrangements. In arriving at its conclusion the committee was actuated by the consideration that if compensation could be obtained in respect of the deaths or injuries of workers caused by tfie earthquake, a saving would result for the fund, a* it would be relieved of portton of tho burden of providing for persons injured or tho dependants of persons injured or killed. In addition, tho costs which have been provided are to be refunded from any moneys recovered. Several conferences have been held by the Public Trustee with the appellants’ solicitors, and throughout there has been close co-operation between them and tho Public Trustee. At f he request of tho solicitors the Privy Council submissions wore perused b' the Public Trustee before their dispatch to counsel in England. Comment by Counsel. “I am naturalh gratified,” said Mr P. J. O’Regan to a Post representative to-dny, “that tho view F have taken from the outset about-the claims arising out of the highest judicial tribunal in the British Empire, more especially as my view was not widely shared by the profession. I may add that one of the terms in the agreement made with insurance companies whereby it was made possible to take these cases to the Privy Council, is that, in the event of our appeals succeeding, lapse of time wa« not to be pleaded against, any claims. Of course, it mav well be that in »nv event the Court of Arbitration would have held that under the extraordinary circumstances arising out of the earthquake. lateness in commencing proceed ings was due to reasonable cause within the meaning of section 27 of the Workers Compensation Act. Of course, there will now bp a large number of claims, but presumably they will be settled by negotiation ” CLAIMS FOR INJURIES I Fcr Press Association. I NAPIER. Julv 29. [u connection with the Privy Council earthquake decision, it is understood that, twenty fatal cases are concerned, and that claims for injuries received are expected to reach eighty. The amount claimed totals £20,000. but this mav ho exceeded. An effort is to be made to lodge fresh claims.