AN OMATA FARM.

Taranaki Daily News, 15 December 1922, Page 5

AN OMATA FARM.

ALLEGED BREACHES OF LEASE; DECISION RESERVED. The extent to which the blackberry had or had not increased and the atate of the fences on a much litigated Omata farm, occupied the attention of His Honor Mr. Justice Chapman at the Supreme Court, New Plymouth, yesterday morning. The case was that in which John Penwarden claimed from Charles Alfred Percy Wood and Percy Arnold Badland possession of the farm, and £B*24 Is as damages and £2OO mesne profits. The hearing was commenced on Wednesday, and yesterday morning the reuse for the plaintiff was concluded with the cross-examination of Joseph Brown, retired farmer, New Plymouth. Mr. T. N. Matthews, with Mr. C. E. Monaghan, appeared for the plaintiff, while Mr. R. H. Quilliam represented the defendant Wood. Badland, who was joined as <a defendant because he is at present in possession of the property, was not represented. In answer to Mr. Quilliam, the witness stated that, when he inspected the farm in September last, he spent three hours on the place, and while that was, as far as he could recollect, the first time he had been on that particular farm, he had a fair knowledge of the district, obtained while he was chairman of the County Council. The eradication of the blackberry on the farm, he estimated, would cost about £153. He considered that a man should take £547 gross off the faran, of which about £2OO to £250 should be for himself. He should take more if he had a decent herd of cows. PAST DISPUTES. Mr. Quilliam then addressed the Court and called Henry Reginald Billing, solicitor, New Plymouth, who said that his firm had conducted the business of both Penwarden and Wood. He had not come into any of the recent disputes until September of last year. When the rent had become in arrear, he had advised Wood that he was liable, as he was the original lessee, although the lease had been assigned by him to Metcalfe and by Metcalfe to Badland. Wood instructed witness to pay the rent due out of hii trust account, and then tq take proceedings against Badland for the recovery of the amount. This was done, and Wood reimbursed. That actior was taken on January 26 of this year and execution was taken against Badland’s stock and chattels in March. After various other matters had been discussed, Wood made sn offer to Penwarden that Penwarden should take action against Badland for possession of the land, Wood to pay all costs. II the action was successful Wood agreed to purchase the farm at £lB per acre in exercise of the purchasing clause iie the lease. Pen warden rejected that offer, suggesting as an alternative that Wood could use his name in an action against Badland, provided that he agreed to purchase the property win or lose, and that lie paid the purchase price down. Wood declined this offer. Shortly afterwards witneste and his partner (Mr. Weston) got Pon warden to agree to Wood’s offer but afterwards he backed out before Wood could be communicated with. When he found that it was impossible to bring the parties together, he advised them that time was getting on and that they had better go elsewhere and do as they were advised. Witness w’as sure that Wood had done his best to get rid of Badland and obtain possession of the property for Pen warden.

To Mr. Matthews: He had never been instructed by Pon warden to take action against Badland. He would not say that Penwarden had not been diligent in his endeavors to obtain possession, but he wanted it on his own terms. THE CONDITION OF THE FARM. Alphonso Wood, (stock agent, Net' Plymouth, said he owned two farina adjoining the farm in dispute, and was interested in two others about half a mile further down the road. He knew all the farms on the road, and he believed that the farm under discussion was as clean as any there, while it was exceptionally clean compared to the farms above and below. In 1918 Elliott had made a good job of cutting the blackberries on the front of the but he had not eradicated them. Witness had then obtained the grazing rights, and the blackberries had come away, but he was of opinion that there were no more plants on the farm at the present time than there were then. When Ward took possession, the back part of the farm had a heavy growth of bracken interspersed with blackberry, while one gully was practically one bunch of the berry. He would not say that that particular spot was any worse or any better now than it was then. He could say, without fear of contradiction, that this particular farm had gone back less during (ho past four or five years from blackberry than any Tarm on the road. Tn answer to Mr. Matthews, the witness said he would undertake to make, al! the fences stockproof in three days although they would not perhaps- be in such good condition as when Wood took possession. Evidence of the present condition of the farm with regard to blackberries was given by William Harry Adlam, farmer, Carrington Road, who said he had cut blackberries on the place in 1910. He had seen the farm recently, and there was not a great deal of difference as regards the pest, the only thing being that they did not appear to have been cut last January. The money value of the difference would be represented by an extra £lO to cope with the extra growth. Wilfred Mace, farmer, Omata, considered that the farm was not one bit worse now as far as blackberry and bracken was concerned than it was when Wood entered into possession. He would undertake to put the fences in order for £5O. Similar evidence to “uiat of the two previous witnesses was given by Alfred Looney, farmer, Koru. Harold Edward Marsh, farmer. Harford Road, stated that in May last he was prepared to give £l9 per acre for the farm, but he had given up the idea when hp had ascertained that he oouhd not obtain possession. That farm was much cleaner than the one he was now on. He estimated that the fencea could be put in order for £5O or £6O. This closed the case for the defence. Tn reply to an interrogation. His Honor was informed that Badland was added as a defendant simply to get an order for possession. He had not filed a defence. His Honor gave judgment for possession against Badland and reserved bis decision on the other matter*,