DUNEDIN HOTEL

Otago Daily Times, Issue 26633, 2 December 1947, Page 9

DUNEDIN HOTEL

ORDER FOR POSSESSION QUESTION OF HARDSHIP In a reserved judgment given in the Supreme Court yesterday, Mr Justice Kennedy made an order for the possession of the Ocean Beach Hotel in favour of the plaintiffs, John Lang and James Moir Paterson, the defendant in the action being John Herbert Pearson. At the original hearing Mr I. B. Stevenson appeared for the plaintiffs and Mr E. J. Anderson for the defendant. . „ His Honor said that the plaintiffs were trustees for three persons, who for the time being were entitled to the rents and profits, or to the occupation, of the premises. The defendant had been in occupation of the premises for about 19 years under various leases, and had remained in possession after the termination of his tenancy, although notice had been given requiring possession. The landlords —the plaintiffs—claimed that they desired possession so that they might themselves conduct the hotel business. Regarding the question of hardship, his Honor said that the tenant had made a fortune from his occupation of the hotel, and still possessed it. “ It cannot be said, to give up possession in accordance with the contract of hotel premises in those circumstances, will press unduly hard upon him or that he really suffers hardship if he is prevented from increasing his fortune. This is the real substance of the matter,” his Honor said. “On the other hand, one of the persons affected by a refusal is a pferson in the position substantially for the. time being, of part owner, who has modest resources and who proposes to go into occupation with her husband to work the premises for the trustees and thereby for themselves. “ I think to maintain the occupation of the tenant as against the real owners, and more particularly as against this owner (wjth nothing like the resources of the tenant), when .all of them desire to work the premises to get the best returns from their own property, would, having regard, to their circumstances, be a hardship.

Giving judgment for the plaintiff, his Honor directed that possession be given within four months. There would be judgment for rent up to June 6, 1947, for £142 16s 6d, and until possession was given, for mesne profits from June 6, 1947. Costs were awarded plaintiffs.