ABRUPT TERMINATION

Bay of Plenty Beacon, Volume 72, Issue 7, 12 May 1944, Page 5

ABRUPT TERMINATION

STATE ADVANCES NON-SUITED

FAILURE TO CALL EVIDENCE

Proceedings instituted by the N.Z. State Advances Corporation against Roy Eric Orr came to an abrupt ending, when the case came up for hearing at the Whakatane Court last Tuesday. Failof the Corporation to call evidence in support of the charge led l to the plaintiff being promptly non-suited and an appeal to< reopen the case was refusedl Mr Northcjr, 0 f Hamilton, who appeared for the plaintiffs explained that defendant, who was a tenant of a State house in Whakatane, had after unsuccessfully applying for the right to erect a shed on the property, deliberately gone ahead and done so. The Corporation was asking for possession of the house only in the event of defendant's continued refusal to pull down the building he had erected. Counsel referred to two clauses in the tenants agreement, which forbade the erection of any other buildings without a penn'it to do so. This proviso was necessary in order to prevent the construction of undesirable buildings which would not conform with the general plan. The Corporation now desired the removal of the garage which had been builti by the defendant. The l Magistrate (Mr E. L. Walton): Are you going to call any evidence. Mr Nor they: No* Sir. The Magistrate: In that case the plaintiffs will be non-suited. If there is no evidence there can be no proof. Mr Nortliey: Would it be possible to re-open the case; and myself give evidence ? The Magistrate: You can't do that! Plaintiffs arc non-su'ited.