CO129-627-4 Argyle Street explosion- correspondence on claims and enquiries 1-6-1946 - 31-7-1951 — Page 70

70

End

property as opposed to hɩpon life though in the latter oɛse an even higher

deyme of care would no doubt

COMBÁĞCIEČ

e buvo noted the contents of ...sra» b(d) of the War Office letter and our advice

iven on the acuption that it rpplion both to the Deåtåsh Coer ander as Gədə

$

Arcs ani au ilitary vårånåstroker?•

with regard to flar Office letter refaenco

(45) 25/bx30/3026/(00) of 16th

Her (45) 25/

Byteber, 1943, un note that the last paraɛzgh tos not included in the letter

6th arch, 1945 to make he is are of qpinion that whilst the dinine in this

œnae iny ordÂmily have been ontsad by note of

that aa contioned above

cense of the emplosion wa not the atoma of the acs unition by the Joanese snì that thẩm

could not ân læse be relied upon

The liability of the war Deportiert as a publão body is not very diffwert from

that of an iniiwklusa ⻜o it ia liable for any tatioun not of its officers if

soting within the scope of their exploysand. If, howeves: an act is comitted by a

public body ân œsurying out a duty âmpound upon it by inglåscort such not is not tœrtious,

it counos darage to an individumi, if the act

DocsBosry result

pe fortance of the duty. This however, does not away if the power extrudead by the

publio body was done osvale, sly or negligently.

The above is our pemeral opinion on the linkáláty of the war departent apart from

the af,act of the Indernity and Validating Carlånance 1946 of this Colony which was

passad on fat Jay, 1b5 Lao 3(1) of this Urtānance povidos abortly that no legal

Là ba institutoŭ in my court ân rospect of any

Gone

during the war period or done in good faith and in the execution of his duty for th

purpose of (inter aliaj ensuring publão safety or otherwise in the public interest by

a pozson holding office in the mosvice of the iītās

Alitary Al

stre:ion or othande

in the pullão interest by a poston holding of fles in the movies of the witish slätay

the period

s-ar oth-s-dse in the go.vke of the

Sth Dgon bar

une 11

The ver period is defined em

>W\'NDE (#Olares the war period to

ende tao. 7 of this (adimnce provides that it is not to affect (inter sila) that the

institution of any proceedings that may lào for the recovery of compensation for wag

demegse lo definition is Låven in the trimnce of "wor Jernge" but in our opinion the

amage ontamed by the explosion would not be included. if our opinion on this point

oorvat the r sult is of cou as that no iegal proɑmxdings could be takan ngainat

var Departamnik in zespect of the darings onasi by the explosion» it apc ra to us to be

a mattor of deia policy na to whether in the cloucestonces of this owe advantage should

be taken of the provisions of the Urdinan.ne

dith day of lay, 148e

Page 70Page 71