ELANDFORD PARK CASE

Sun (Auckland), Volume II, Issue 438, 21 August 1928, Page 13

ELANDFORD PARK CASE

SETTLED OUT OF COURT The dispute between the Auckland Football Association and the Bland - ford Park Stadium, Ltd., which had promised an action in court, has been settled without the aid of a judge. The case was to have been lleard this morning. The Football Association yesterday served a notice of discontinuance on the Stadium Company’s solicitor, Air. H.-M. Rogerson. The trouble arose over the lease of Blandford Park to the defendant company lor use during the summer months for a sports ground. To make a cycle track the Stadium Company made excavations. A few months after the completion of the track landslips occurred on properties adjacent to the park. For several months correspondence passed between the parties relative to the liability for the damage. No settlement was arrived at, and finally a writ was issued by the Football Association in January of this year. The writ alleged on the part of Blandford Park Stadium, Limited, several breaches of the terms of the lease, and in respect of these claimed possession of the property and £2,235 damages. The company denied liability, and claimed that any excavations or alterations were done with the consent of the association. A legal defence in respect to the of the lease was also pleaded.