JUDGMENT ON LEASE

Press, Volume XCVII, Issue 28767, 12 December 1958, Page 14

JUDGMENT ON LEASE

Council To Pay £6250 (New Zealand Preu Association) AUCKLAND, December 11. In a reserved judgment given in the Supreme Court at Auckland, Mr Justice Hardie Boys has awarded Mrs Elizabeth Unna, al London (Mr L. P, Leary, ftCJ, against the Auckland City Coun-ifiL-a’s&m'eqwal to half the-value or i hosse built by Tier father, thh'latesDr. Casement Aickin, a surgeon, of Auckland, on a site at the intersection of Mount street and !Symonds street. The property is valued at £12,500. . Mrs Unna sought the interpretation of a lease signed between her father and the council in 1924, which contained a compensation clause on the expiry of the lease.

At the hearing of the application in October, Mr Leary submitted that one of the clauses in the lease provided that the building should be erected within two years. It was also provided that at the end of the lease the council would pay the lessee one-half of the estimated value of the building. In his judgment, his Honour mentioned acts that Indicated the council’s concurrence with the building being built, even though late, and said that if any valid objection could have been taken to it being late it should have been made at the time.