WELLINGTON NOTES.

Hokitika Guardian, 24 December 1924, Page 4

WELLINGTON NOTES.

A COMPLICATED CASE. (Special to “Guardian”.) MKLLINGTON, December 22. A cnsi' for the possession of a tenement which came lieforc the Ideal man—istnite was packed full of legal complications. The duelling has keen let to tun men. who had been adjudicated bankrupts and the official assignee waS joined as defendant. One of the defendants liled consent to judgment, but the other defended the case claiming that he was still in lawful possession as a tenant and that his tenancy was protected by the Housing Act. The Olfieial Assignee had in the meanwhile disclaimed the lease. The lease of the premises had expired. but the other (lei elitist nt s had continued in possession and paid the rent to the agent ol the owners. To complicate matters the owners desired to oust the present occupant. It was admitted by all parties that tiie dwelling house was one within the war legislation. The .Magistrate pointed out that the owners were not

now the ‘•landlords” within the meaning of the Magistrates Court Act. It was then sought to substitute the present lessee as plaintiff, she being such landlord, .lint the Magistrate pointed out that if that were done site had no right to an order, ns she was not a landlord tinder the War Legislation Act, site not being the assignee of the whole interest of the owners. Th Magistrate also pointed out that no notice to rplit hud been given to the present occupier and also that no grounds under the Housing Act had been shown for a warrant of possession. Counsel 'then claimed that as the defendants had been made bankrupt, and the Official Assignee had hied a disclaimer of any lease, their tenancy had (eased and they were in

possession without right, title, of interest, and therelore the plaintifis as owners were entitled to an order of ejectment under section 72 ol the Magistrate’s Court Act. The Magistrate pointed out that if this were the position the Magistrate’s Court had no jurisdiction as the jurisdiction under this section was limited to recovery of possessions ol a properly not exceeding L‘2tKl in value though tttld?l the other sections. ItiO and Lib the jurisdiction extended to a property where the yearly rental was nutlet C2Ol irrespective of the value. As the value wtts admitted to he over C2!)0, and also as there was no hona-lide claim of title hy one of defendants, the present occupier, the .Magistrate declined jurisdiction and refused fo make tilt order, and lclt the parties to have the matter adjudicated by the .Supreme Court. NEW ZEALAND WOOL.

The question has been asked wn,v the wool sales held in Sydney should close firm with prices in sellers lavotir and the wool sales in New /calami should show a steady decline in values, five sales have hecn hold in Nov Zealand in December, three in the North Island, two in the south. At the Napier sale, which was the to .‘and held during lhe month prices dripped; a! the Wellington ,:falo which f( Mowed there was a further decline and this lias hecn further emphasised at I imam where values were about Id lower than those ruling at Wellington. Why this depreciation in New /calami and marked firmness in New .South Males? One authority is inclined to think that the offerings have hecn excessive, and when one makes comparisons them would appear to ho some solid grounds for the opinion. At the three stiles held in the North Island the olf.-rings totalled 52.7U1 hales, made up of IK.f.>2 bales submitted at Auckland. 2tL177 at Napier, and 11l at M ‘‘llingten. It the (dl'erings at Timnru and Dunedin sales tire included the total will he well over UKI.IIIIII hides. At Sydney which is the only selling centre i„'. New fn'itlt WMe» " ,; ."t"l were (dieted. With wool limner dilficult matter excessive nil eri legs at any sale, or in the aggregate for any month, is obviously dangerous. Moot buyers have apparently had their liniics reduced belli in respect to the quantities to ho purchased and the prices to he paid, and with excessive offerings the buyers (tin sit bark amt await their opportunities. If the position was had in December it will lie considerably worse in Jaun-ary, loi experience shows that tile hulk ol the. Dominion's clip is marketed in that month. Confirmation of this is to be found in the fad that seven sales are to tie held in January as compared with five in December. Next month buyers will have an avalanche of wool to deal with and the probability is that prices will go lower, more especially it the money market shows any tightening tendency. It is Uglily important. that the (dl'erings at the January sales should In* severely limited even if this means extending the sales over a longer period. 11l the past the only effective authority in restraining brokers from oll'ering every hale has been the Wool Committee and although this body is nominally in existence it is not really so, and the .Minister for Agriculture stated in the House that the Committee would he reconstituted and gazetted, hut up to the present this has not hecn done. The first sale in the New Year is to lie held at Christchurch on January o, so that there is now very little time for any wool committee to function satisfactorily. The only hope is that, the wet wqather recently experienced will have delayed shearing and thus lead to a compulsory reduction in offerings.