House Tenancy Case Non-Suited: MacLean Motors v Ex-Employee

Bay of Plenty Beacon, Volume 12, Issue 4, 5 December 1947, Page 5

House Tenancy Case Non-Suited: Mac Lean Motors v Ex-Employee

Proceeding against J. G. Chisholm (Mr B. S. Barry) for possession of a house, at Ohope Mac Lean Motors Ltd. (Mr G. Otley) were non-suited by Mr E. L. Walton S.M. in the Magistrate’s Court at Whakatane on Tuesday on the ground that the statement of claim was not accurate in that the house did not belong to the firm, as the statement made out, but to the manager of the firm, Percy G. Hammond. Costs, £2 2s were awarded to the defendant. The case arose out of Chisholm’s continued residence in a house he had rented through the firm when he worked for it.

Stating his case, Mr Otley said the plaintiff claimed the occupancy of the house should have expired when the defendant left the plaintiff’s employ. Rent 30/-, was deducted from the defendant’s wages.

His Worship: Then there was a tenancy.

Mr Otley contended there was a service occupancy only. He quoted decisions in similar cases to support that view.

Percy G. Hammond, manager of Mac Lean Motors, gave evidence-that this and other houses had been acquired by the company for the use of members of its staff, who agreed to leave .the houses if they left the jobs, but in this case an agreement was not signed. The defendant left the job on October 20, but was still in the house, which was wanted for another man who would not come to Whakatane until a house was available. To Mr Barry, the witness said the house was his, but leased to Mac Lean Motors. His Worship here pointed out that the statement of claim named MacLean Motors as the owner of the property, which it was not. Plaintiff would therefore be non-suited with costs £2 2s to the deefndant.