LAW REPORTS.

Dominion, Volume 5, Issue 1294, 24 November 1911, Page 3

LAW REPORTS.

SUPREME COURT. ' DECISION IN HATAITAI CASE. ' Yesterday tho Chief Justice (Sir Kobert Stout).delivered reserved judgment in tho ease in which a writ of prohibition was ashed to prevent a judgment of the Magistrate's Court being acted upon. The parties- to the netion were William .Herbert Lirewor, commission agent, of Wellington, plaintiff, and Frederick Brattle, builder, of Wellington, defendant. At tlio hearing, Mr. A. Dunn appeared for tho plaintiff, and Mr. C. E. Dix for tho defendant. Brewer uueged that on August 28, 1911, eh entered ' into an agreement with Brattle to lease a house and land at ilataitai. The lease was to be for a period of sis months at a weekly rental of 255. a week, with a right of purchase. Brewer paid tho first fortnight's Tent and entered into possession of the dwelling, but shortly after tho expiry of tho fortnight Brattle served a notice on Brewer requiring the latter to give up possesion within soven days. Brewer declined to accept a week's notice as the tenancy was for a fixed period. Brattlo, however, brought, an action in the Magistrate's Court and obtained judgment for possession. Brewer now applied for a writ of 1 prohibition to prevent that judgment being acted upon. . The defence was a denial that any agreement was entered into between the parties. A memorandum had been signed aud was to foTm the basis of a more formal agreement, which Brewer refused to execute. . In" giving judgment, his HonouT held that the document relied on was not a lease. The narties had never agreed to a lease, and ft was too late to raise the point of some other kind of tenancy after judgment had been given in tho lower court. Judgment was accordingly given for tho defendant, with -C' 7 7s. costs.