A Contractor's Claim

Progress, Volume XI, Issue 11, 1 July 1916, Page 677

A Contractor's Claim

Last month the Registrar of the Supreme Court (Mr. W. A. Hawkins) read the reserved judgment of his Honour Mr. Justice Chapman in a case which, at the time of hearing, was described by counsel as being of the greatest importance to builders and contractors. Sanders Bros., builders and contractors, appealed against a recent judgment obtained against them in the Magistrate’s Court by Strange and Co. Ltd., Christchurch, for two sums of £164 3s. 6d. and £55 3s. 9d. Mr. A. Gray, K.C., with him Mr. Beere, appeared for the appellants, and Sir John Findlay, K.C., with him Mr. J. J. McGrath, for the respondents. The case arose out of the furnishing of the new Opera House, for which the respondents were sub-contractors, the appellants being the main contractors. The question at issue was one of liability, and as to whether it rested with the main contractors or the Opera House Company, Ltd., there being no dispute as to the amounts in question. The defence in the Lower Court was that Strange and Co. Ltd., were employed by the supervising architect (who has since died) on behalf of the Opera House Company, Ltd., and not on behalf of the appellant. Having reviewed the evidence, his Honour in his judgment said that he was only called in to decide a question of fact, and it must be decided in favour of the appellants. Costs amounting to £2l were allowed.