A TENEMENT CASE

Dominion, Volume 14, Issue 169, 13 April 1921, Page 11

A TENEMENT CASE

NEW DEFENCE INTRODUCED COURT’S JURISDICTION QUESTIONED Mr. J. F. B. Stevenson, who appeared for the defendant in a tenement case at the Magistrate's Court yesterday, raised the point that the house, being situated ot Johnsonville, the action was outside the jurisdiction of the Wellington Magistrate’s Court, and must be heard at Petone. He stated that he had gone carefully into the measurements and distances shown on the map, and found that the Petone Court was the nearest to Johnsonville. The Act. provided that the plaint must be entered "in the Court nearest to the locality in which the premises are situate." The Magistrate, Mr. F. K. Hunt, said that the distance from Johnsonville to I’etcne was shorter as the crow flies, but not if measured by the road. Air. J. S. Hanna, who appeared for the plaintiff, remarked that nothing could be more absurd than for Johnsonville litigants to have their cases heard at Petone. Mr. Hunt: It would mean that they would have to coins to Wellington by train and then go on to Petone by train. The case for the plaintiff was that he was a young married man and hr.d purchased the house. He had given the defendant notice to quit before Christmas. Hie work compelled him to live nt Johnsonville, and at present his wife had to be boarded at Paraparaumu. For the defendant, it was stated that he and his. wife and three children lived in the house which they had occupied for eight years. The defendant had done everything possible to get another place, but without success. Mr. Hanna contended that the defendant, having paid a sum of money into Court, had thereby waived his right to raise the point that the action was not within the jurisdiction of the Court, and the contention was upheld by tho Magistrate.

The defendant was ordered to give up possession of the house within a month.