HOTEL RENT.

Auckland Star, Volume XLIX, Issue 246, 15 October 1918, Page 6

HOTEL RENT.

I SALE OF LIQUOR RESTRICTION ACT I Judgment was delivered by bis Hn IMr Justice Husking in the Supreme CW to-day in the case, Catherine HarnW , versus the Great Northern Brewery Ltd This was an originating summons ta determine a question regarding the » f ! payable to the plaintiff by the deferS ! ant, having regard to the terms ofZ" : award made by arbitrators, under th* I Sale of Liquor Restriction Act 1917 < The plaintiff had leased the Wynviuli I Arms Hotel to the defendants at £7 'ZZ week. The defendants in their turn had granted an under-lease to T Mark wick at £20 per week. The undCT-W ! contained a provision that if Marlcwkk I dealt exclusively with the defendants for liquor he would be allowed £12 rj. ; week. After the Sale of Liquor Restric. ■ tion Act came into force there was an* j arbitration between the defendant and jMarkwick to determine by how much the latter's rent.l should be reduced hi consequence of early closing. An award was made reducing Markwick's rent from £20 per week to £16 per week with a proviso that if h e dealt exclusively with the defendants, his rental should be redured by the further sum of £12 per week. The Act provided that the : rent of an original lessor should not be re. duced to a lower sum than the rent payable to the intermediate lessor It was contended, on behalf of the plaintiff that the true rental under the award was £16 per week, and that she was therefore, entitled to the payment of £7 per week. On behalf of the defendants it was claimed that the rental payable Iby Markwick would fluctuate accordine to whether or not he purchased all his . liquor from the defendants, and that it 1 was only £4 per week if he dealt exclusively with the defendants. Fm Honor held that this was the true view but pointer! nut that a question arose as to whether or not the award was j within the power of the arbitrators. la ; order that this point might be cleared up, the further hearing of the summons -was adjourned, with liberty to either party to bring it on on seven days' I notice.

Mr. H. H. Ostler appeared for the plaintiff and Mr. R. MeVeagh for the defendants.