CLAIM FOR UPKEEP DISPUTED

Press, Volume LXXXV, Issue 25934, 14 October 1949, Page 3

CLAIM FOR UPKEEP DISPUTED

NEW BRIGHTON PIER AND AMENITIES

A dispute about the liability for painting the New Brighton pier and buildings was partly heard by Mr Raymond Ferner, S.M., in the Magistrate s Court yesterday and adjourned until Tuesday. ~ Mr T. A. Gresson appeared for the plaintiffs. Thomas Henry Williams ana Arthur John Taylor, executors of the estate of William Lockyer Ashmore Taylor. Mr A. W. Brown appeared for the defendants, Caroline Marjorie Elizabeth Priddis and Bernard Oscar Priddis.

Mr Gresson said the circumstances were somewhat unusual. They concerned the New Brighton pier and tearoom and other amenities. These had been held under licence from the New Brighton Borough Council for many years by the late Mr W. L. A. Tavlor, whose estate now brought the proceedings. The dispute concerned the liability for painting and repairs. The licence, with which the Court would be concerned, was to be for seven years from October 1. 1941. On January 27, 1941. the Public Trustee, who held the licence, assigned his rights to Mr Taylor. This sub-licence was for seven years, with Taylor having the right to assign with the consent of the Public Trustee, to keep the pier and buildings in repair and paint them twice in seven years. Taylor was in possession four years and eight months when he sold to Mrs Priddis under the same terms as his sub-licence. Taylor died in May, 1947. The claim was for £442, including £340 for painting, but the Taylor estate conceded it was liable for £l2 15s for a shortage of towels and bathing costumes, and for £5O for certain repairs to the bathing shed.

Mr Brown: Our controversy is whether Mrs Priddis has to pay the balance.

Mr Gresson said his case was that Taylor’s obligation to do the painting had been taken over by the defendants under the deed of assignment.

The defence claimed that their responsibility was for two-sevenths of the amount and the plaintiffs for fivesevenths, these being in proportion to the length of tenure of each party. An agreement to this effect had been made between the late Mr Taylor and the defendants. Evidence was heard and the Court adjourned.