RENT OF PREMISES

Evening Post, Volume CXV, Issue 76, 31 March 1933, Page 9

RENT OF PREMISES

WOOLWORTHS AND LAND- , LORD

An appeal against an order of the Supremo Court ma do by Mr. Justice Smith giving relief tea-landlord under sections? 32 and 38 of the National Expenditure Adjustment Act, 1932, is being heard in the Court of Appeal today, the appellants being Woolworths (X.Z.), Ltd., and the respondents Charlton Grconway Dawson and Bertram Kendal Greeuway Dawsou, of Auckland.

Their Honours tho Chief Justice (Sir Michael Myers), Mr. Justice Becd, Mr. Justice MncGrogor, and Mr. Justice Ostler arc on tho Bench- Mr. 11. 11, Cornish, with Mr. "Barrowdough, of Auckland, appear for the appellants, and Mr. A. H. Johnson and Mr. Clayton, of Auckland, for/the respondents. Mr. Cornish explained that when tho National Expenditure' Adjustment Act camo into force Woolworths had exercised the right they thought they had under the Act, and deducted 20 per cent, from tho rental of £1740. they wcro paying to their landlords, the respondents, who, woro tho executors of ;i deceased person's estate. The respondents then took proceedings for relief, saying that the rent of £1740-1 was fair, taking into consideration tho I naturo of the premises. The matter j was referred .to tho Auckland City [Commission, which recommended, after i hearing evidence, that the landlord' should not be allowed any relief,' and i that tho deduction hhould stand. JSTcxt | the question went' to Court, and Mr. Justice Smith, declined to follow the! recommendation-of the .Commission, I and'held that tho landlord was en-, titled to the rent of £.1740. It was! this decision which was being appealed | against. (Proceeding.) ,