Claim For Alleged Agreement Breach

Press, Volume CIX, Issue 31946, 25 March 1969, Page 18

Claim For Alleged Agreement Breach

The hearing of a claim by Harvey Edward Williams, a medical practitioner (Mr A. D. Holland), against K. F. Meates and Company, Ltd (Mr R. J. de Goldi), in respect of rents allegedly due for business premises, was adjourned until today by Mr Justice Wilson in the Supreme Court yesterday. The plaintiff claimed loss of rent and revenue, legal expenses and money spent on improvements, less rent obtained for the building from another source, amounting to $5779.75. Mr Holland said the claim was made in respect of an agreement between the plain-

tiff and the defendant on the lease of a building at 375 St Asaph Street. The plaintiff’s father, a land and estate agent, purchased the building on behalf of the plaintiff and tried to find tenants for It. He said the defendant agreed to lease the premises for five years at a rental of $l7OO a year. The defendant paid $6B as part payment for rent and entered into possession, and a form of lease was submitted to his solicitors. The defendant later returned the key and said he was not going on with the transaction as he was transferring his business to Auckland. The plaintiff, therefore, claimed rent from the time the defendant broke the contract. The plaintiff tried to find another tenant but was unable to do so until March. 1967. He spent a substantial sum on improvements and leased the premises to a naw tenant for $2250. The new tenant went into liquidation soon after and the premises became vacant again until December. 1967. Mr Holland said the plaintiff based his case on repudiation of the agreement by the defendant orally and by his solicitors in writing. Re had tried to minimise his lass and had given credit for all he bad received. " The defendant claimed that the agreement to enter iffio a lease was not binding on either party. ■» r "t