FIRST CASE

Waikato Times, Volume 126, Issue 21035, 10 February 1940, Page 6

FIRST CASE

NEW LIENS ACT SUPPLY OF MATERIALS The first case under the Wages Protection and Contractors’ Liens Act, 1939, which came into force on January 1, 1940, to be heard in Hamilton came before Mr S. L. Paterson, S.M., in the Magistrate’s Court yesterday. It was an action in which Smith and Smith, Limited, claimed £126 11s 7d from the D. C. Street Construction Company, Limited, and others. Mr J. N. Wilson appeared for the plaintiff company, Mr A. L. Tompkins for the D. C. Street Construction Company, and Mr H. R. Duggan for Phillipps and Impey, Limited, one of the joint defendants. Mr Wilson said the action arose out of the supply of material by the plaintiffs to B. S. Goode, painter, who had a sub-contract for a number of houses let by the Housing Department to the D. C. Street Construction Company. Goode had subcontracted to Smith and Smith. The amount owing to Goode had been paid into Court by the D. C. Street Construction Company. Phillipps and Impey held an assignment on Goode for contract monies.

The application for an order on the monies paid by the contractor was opposed by Mr Duggan, who contended that the new Act was not in force when the action was taken by the plaintiff, and therefore a continuous contract between Goode and the plaintiff company would have to be proved. He contended that proof of this had not been shown. It was stated that Goode was in camp with the Second New Zealand Expeditionary Force, and an adjournment until March 1 was granted to allow his evidence to be heard.