Stand Case Adjourned

Press, Volume CVI, Issue 31097, 28 June 1966, Page 3

Stand Case Adjourned

(N.Z. Press Association) i AUCKLAND, June 27. An action brought by the Mount Albert Borough Council against the owner of a “Scotsman’s grandstand” overlooking Eden Park was adjourned by Mr Justice Moller after legal argument over the defendant’s position as a co-owner. The defendant is Monica O’Sullivan, married, of 1 Cricket avenue, Auckland, represented by Mr D. F. Dugdale. The council, represented by Mr P. M. Salmon, sought an injunction against Mrs O'Sullivan. Opening his case, Mr Salmon said the evidence would show the stand was

used commercially. The clause concerning “predominant uses” in the council’s district scheme did not include such a use in a residential area. He submitted that the stand, with an area of 1188 square feet, was larger than Mrs O'Sullivan's house on the same section. The council became concerned during 1962 and 1963 on whether stands on private property abtitting Eden Park were not a contravention of the council’s district scheme. In March, 1963, it declined the application by a firm for a permit to build a stand on a property in the avenue. It had been council policy since not to issue permits for stands in that area. In May, 1963, a stand was built on Mrs O'Sullivan's property. No application was made for a permit. A tubular steel addition was built on September 17, 1965. The stand was used by the

public for the Sprlngboks-All Blacks’ test. Evidence would show that during the 1965 Springboks’ tour seats on the stand were advertised by Mrs O’Sullivan at £2 each. For the defence, Mr Dugdale moved for a non-suit on[ the question of the parties. , “I submit that the action , must be dismissed at this] stage because of the plain-] tiff's failure to join as a defendant one of the two coowners of the property,” he! said. After legal argument and 1 an adjournment his Honour gave an oral judgment containing an order that Mrs [O’Sullivan’s husband, Thomas ] O’Sullivan, be joined as a defendant. | He said the council would have 10 days to file a new statement of claim. His Honour reserved the question of costs and adjourned the matter for a rehearing.