PLAINTIFF ACCEPTS A NON-SUIT IN CLAIM FOR COMPENSATION

Wanganui Chronicle, 4 May 1949, Page 6

PLAINTIFF ACCEPTS A NON-SUIT IN CLAIM FOR COMPENSATION

“I have given careful consideration to the position arising from the divergence of medical evidence, and after a discussion with my client elect a non-suit for the purpose of calling Dr Gillies, of W’ellingioil, ’ said Mr C. H. Arndt (Wellington) when a case was due to resume at a sitting of the Compensation Court in Wanganui yesterday.

Part heard the previous day, the case was one where Leo Domnick Serra- waterside worker, Wanganui, claimed compensation from the Northern Steamship Co.. Ltd., following an accident at. Castlecliff on May 25, 1948, when he received an injury to his right knee while cargo was being discharged from the company's coastal vessel Hauturu.

The claim, which came before Mr Justice Ongley, was on the basis of plaintiff being incapacitated- the only points in dispute being the extent of his injury and loss of earnings. Alter Mr Arndt, had elected to accept a non-suit, Mr D. G. Young, for the Northern Steamship Co., applied for costs and suspension of the weekly payments being made to plaintiff. His Honour: Am I entitled to make that, order? Mr Young submitted that the Court was entitled to make an order suspending weekly compensation payments. There was a conflict of medical evidence and lhe ncn-suit had been asked for because plaintiff had not brought medical evidence which he could have brough.. “It was quite competent to have had him examined in the past lew weeks and your Honour might have been more satisfied with the evidence.” Mr Young added. “If the case is delayed in coming on again, the defendant company may be paying out money v\ hich it should not pay.” Mr Arndt: This is a surprise to me. There is no application before the Court to stop payments and nothing on which your Honour can make an order. His Honour: I nave not had a chance to have a look at it, but that is my feeling about the matter. After Mr Young had quoted the statutes and made fur;her submissions His Honour said that it appeared that Mr Arndt was correct when he said that there was netting the Court could do at the moment. Mr Young: I only want: to protect myself in the event of this case not coming on. “In the meantime I can do nothing about it,” said His Honour. “All I can do is to allow the non-suit and costs.” His Honour allowed the non-suit, with costs against plaintiff- and fixed a date early in June foi the matter to come before lhe Court again.