High Court Wellington
18, 19 July; 24 August 1956
Stanton J
18, 19 July; 24 August 1956
Stanton J
Limitation of Action — Claim against Crown — Notice in Writing not given until Eight Months after Accident — Defence of Lack of Notice raised on Morning of Trial of Action alleging Negligence — Such Issue left to Court for Determination after Trial — Award of Damages by Jury — No Reasonable Excuse for Delay in giving Notice and Defendant thereby prejudiced in His Defence — Judgment for Defendant — Defendant not debarred by Late Raising of Question of Delayed Notice — Costs — Differentiation between Claim for Employer's Negligence and Claim for Compensation — "As soon as practicable after the accrual of the cause of action" — Limitation Act 1950, s 23 (1) (a), (2).
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