SUPREME COURT

Press, Volume LXXXVIII, Issue 26869, 23 October 1952, Page 6

SUPREME COURT

POSSESSION ORDER MADE

On an application by Charlotte Maude Herne, a married woman (Mr P. T. Mahon), in the Supreme Court yesterday, Mr Justice Northcroft granted her an order against her husband, Herbert William George Herne, a carpenter (Mr B. McClelland). for possession of their jointlyowned home in Garden road, Fendalton. Mr Mahon said that Mrs Herne brought an action against her husband in June for an order for the sale of the property and the division of the proceeds between them. The Court granted the order. Instructions were given for the sale of the property by auction, but Herne refused to allow the auctioneer or any prospective buyer to inspect it. In such circumstances, it was impossible to offer the house for sale unless vacant possession could be obtained. Heme had refused to vacate the house, saying he expected his wife to return to him, but she had no intention of doing this. Mr McClelland said he conceded that the house would not bring the reserve price at auction if Herne remained in possession. This might give Heme a chance to buy the property at a price he could find. It was Mrs Herne who had left the home, said counsel.

His Honour said an order must be made to resolve - the deadlock. It was necessary for the wife to have vacant possession so that she could carry into effect the previous order of the Court. The order would lie in the Court, however, for one month.