HOUSE PROBLEM

Auckland Star, Volume LXXVI, Issue 201, 25 August 1945, Page 6

HOUSE PROBLEM

TENANT V. RAILWAYS

EX-INSPECTOR STAYS IN O.C. HAMILTON, this day. The New Zealand Railways Department was plaintiff in a claim heard before Mr. Paterson, S.M., for possession of a house in Norton Road, Frankton. Defendant was Lot Fahy, formerly signals and electric lines inspector, Frankton, who retired on superannuation in February, 1944.

.Mr. H. T. Gillies, for the Department, said the house was required for a new appointee, who was living with his family in a boardinghouse. TJie proprietor had offered defendant the rooms occupied by the new appointee. Counsel said there was no special clause in the New Zealand Railways Act governing the occupation of a Railway Department house after cessation of employment.

Mr. F. D. Robertshaw, for the defendant, said the alternative accommodation offered was not suitable.

"I am not altogether sure whether the offer of board and lodging in a boardinghouse amounts to suitable alternative accommodation within the meaning of the Act," said the magistrate. "However, I am not going to decide that, because in this case Ido not think it necessary. In the particular circumstances it is not suitable alternative accommodation. In searching for other accommodation Fahy finds the Railways Department competing with him," concluded the magistrate, in deciding that no order be made.