APPEAL FAILS.

Auckland Star, Volume LXVIII, Issue 269, 12 November 1937, Page 8

APPEAL FAILS.

! ACTION BROUGHT BY NURSE. j POSSESSION' OK PREMISES. (By Telegraph.—Press Association.) WELLIXGTOX. this day. The Court of Appeal to-day delivered judgment in the case of Ethel Betlnine, a nurse, of Takaka. v. Edward Coventry Rydder. medical practitioner, also of Takaka. The appeal wan brought 011 j September 15 from the judgment of the j Chief .1 iwtice. Sir Michael Myers, in the i Supreme Court at Xelson in which an i i.i cier for possession of certain premises lat Takaka, owned by respondent and | used by appellant as a maternity hos- ■ pital. w;ir- made in favour of respondent. | The judgment of the Court of Appeal : dismissed the appeal with costs on the | middle scale as from a distance. It was ! held that the Fair Rents Act, 193f>, did j not at the relevant times apply to the j premises of which possession was sought, and that the refusal by a magistrate to I grant an order of possession in proceedings which had been taken before i the matter was heard before the Chief • lustice did not raise an estoppel against | Bydder.