LANDLORD AND TENANT.
♦ FULL COURT JUDGMENT. (PBESS ASSOCIATION TELBOBAJJS.) "WELLINGTON, April 21. In dismissing the appeal of McGrath and wife against A. J. Shields and others, the Pull Court decided in oral judgments that a tenant who was owing rent could not save, on an order of possession being made against him, by offering at the last moment before the case was heard, to pay* what was due. If rent was owing at the timo the summons was issued, requesting possession on this ground of failure to pay, then, unless the landlord by accepting further rent without protest, or by otherwise waiving arrears, consents to payment of what was due, au order could be made. The Chief Justice, going further than the rest of the Court, held that a Magistrate must, without exercising a discretion, make an order in such circumstances. The effect of this decision is to overrule Domb v. Owler, a decision of the late Mr Justice Salmond. Costs £lO were allowed to the respondents.
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Press, Volume LXII, Issue 18672, 22 April 1926, Page 7
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167LANDLORD AND TENANT. Press, Volume LXII, Issue 18672, 22 April 1926, Page 7
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