POSSESSION OF FLAT

Press, Volume CII, Issue 30316, 17 December 1963, Page 18

POSSESSION OF FLAT

Appeal Against I Court Order

(N.Z. Press Association)

WELLINGTON, Dec. 16.

Mr Justice McGregor today reserved his decision in an appeal by Keith David Haliburton, a taxi-driver, and a former fire brigadesman, against a Magistrate’s Court order granting the Wellington Fire Board possession of a flat occupied by Haliburton at the Khandallah fire station. For Haliburton, Mr C. H. Arndt submitted that Haliburton contended he had not lawfully been dismissed by the board and that his employment with them continued with the result that the possession order was unlawful.

Alternatively, Haliburton claimed that he was a tenant of the flat and entitled to ai month’s notice in writing ’ The position was curious in that Haliburton was living at Khandallah but working at the Northland fire station so that his occupancy of the flat did not constitute a service tenancy, said Mr Arndt. For the board, MrW. D. Dent said Haliburton seemed to have acquiesced in the position of no longer being a servant of the board. His right to occupy the flat probably ceased when he left the Khandallah brigade.