LAW REPORTS

Dominion, Volume 9, Issue 2647, 18 December 1915, Page 14

LAW REPORTS

SUPREME COURT i~ . < ! CLAIM FOR POSSESSION A claim for possession occupied the attention of His Honour Mr. Justice Chapman in the Supreme Court yesterday morning. The parties were Frederick Jones, Wellington, salesman (plaintiff), and William Nevill Ward, Wellington, solicitor (defendant). The Hon. T. W. Hislop appeared for plaintiff and Mr. T. Neave for defendant. it appeared that on June 24, 1912, plaintitl' let to defendant liis house and property at 5 Don Street, AVellington, for tho term of one year, one of the terms being that the tenancy should terminate at the end of the year. Defendant (it was alleged) continued in possession, and became a monthly tenant. ■ On August 3, 1915, plaintiff gavo defendant notice in writing terminating his tenancy on 5, 1915. Tho defendant had remained in possession, and consequently defendant had lost the sale of the property, although he was liable for commission on the sale amounting to £27 10s. to the commission agent who procured the purchaser. Plaintiff therefore claimed (1) Possession of- the house and land, (2) damages arising out of ■ the refusal to give up possession—(a) agent's commission £27 10s., (b) loss of the benefit or sale £25, (o) loss of time likely to aris-?' under and about a rc-sale £16, (d) coiftpensafion for use and occupation at £2 a week from September 5, 1915. The defence was a general denial of all tho allegations in tho statemont of claim, and as an alternative defence it Was submitted that defendant was tenant under an agreement' for tenancy. His Honour gave judgment for plaintiff for possession, with £7 10s. damages, and held that plaintiff was also entitled to rent at the rate of 20s. per Week until possession was given up. Costs on tho lowest/ scale were allowed. CONVICTION AFFIRMED. The judgment of His Honour the Chief Justice (Sir Robert Stout) in the appeal of All Gee against his conviction in the Magistrate's Court for having, on May 5, 1914, commenced a lottery, an offence for which he was fined £25, was delivered at 1 the Supreme Court yesterday afternoon. His Honour held that the act of Ah Gee in throwing away a quantity of lottery tickets and bolting from the polico was consistent with the lottery having commenced, and therefore affirmed the Conviction, and allowed £6 6s. costs. At. the* bearing-of the appeal, Mr. C. P. Skerrett, K.C., with Mr. P. J. O'Regan, appeared for the appellant, while Mr. P. S. K. Maoaßsey, of the Crown Law Office, appeared for the Crown. . APPEAL ALLOWED. In the Supremo Court yesterday morning His Honour Mr. Justice Hosking, in a reserved judgment, allowed an appeal from a decision of the Magistrate's Court in the case of tho Inspector of Awards v. Henry Bodley and Sons, dairymon. On May 7 last, Mr, D G. A. Cooper, S.M., heard, an information charging Henry Bodley and Sons with a breach of the Arbitration Act in that they failed to keep proper overtime books, and, after evidence had been tendered, the defendants were fined £1, with costs 7s. The defendants appealed on the ground that th& regulation under which they were convicted was ultra vires of the Act. At the hearing, Mr. T. Neave ap* peared for the appellants, while Mr. V. R. Meredith, of the Crown Law Office appeared for the Inspector of Awards, SUIT AGAINST THE CORPORATION In the Supreme Court yesterday,- His Honour Mr. Justicc Hosking continued the hearing of t'he civil action', Richardson, M'Cabe and Co. v. the Wellington City Corporation,' claim for over £4000 for. alleged breach of contract in connection, with the supply of motor 'buses, Mr. C. P. Skerrett, K.C., with him Mr T. Young, appeared for the plaintiffs, while Mr. A. Gray, Iv.C.; with him the C : ty Solicitor (Mr. J. O'Shea) appeared for the defendant corporation. Considerable evidence was tendered yesterday, the witnesses called includ--ing the Mayor (Mr. J. P; Luke). . Shortly before 6 p.m. the hearing was adjourned until this morning.