MAGISTRATES COURT Stewarts Gully resident ordered to leave

Press, Volume CXI, Issue 32774, 26 November 1971, Page 6

MAGISTRATES COURT Stewarts Gully resident ordered to leave

An order for the possession of. land and buildings occupied by a retired public servant at Stewarts Gully, together with payment of back rent from April, 1970, | was made by Mr W. F. Brown, S.M., in the Magistrate's Court yesterday. [ He gave judgment in fav-i our of Stewarts Gully Holdjings, Ltd (Mr D. H. Stringer), I which had brought the suit against the tenant, Edward William Wilkie. Mr Wilkie did not appear, and was not represented. Brian Philbrick, managing director of the company, sc.id his company owned the land at Stewarts Gully, parts of which were leased as sections. Leases were on. a fiveyear basis, but the company did not own the dwellings on the sections. Mr Wilkie obtained an assignment on a lease for a section and bought the dwelling from the previous occupier in 1963.

That lease ran out in 1965. A new lease was drawn up, and the rent increased. Although Mr Wilkie never signed that lease, he continued to live there and paid the increased rent of $l6 a year. In 1970, another lease was drawn up, incorporating a further increase in rental, and : offered to all tenants. A number of residents of the community refused to sign the lease, and there was protracted argument over the increased rental, Mr Philbrick said. These tenants were sent I notices to quit on July 17, 1970, after which many of them signed the lease. The rest, with the exception of Mr Wilkie, had signed the lease after summonses had been issued.

Mr Wilkie had paid no rent since April, 1970, amounting to $27.10 on the basis of what he had been paying until 1970. (Before Mr E. S. J. Crutchley, S.M.) FOUR CHARGES

Michael James Tyro, aged 20, a rigger (Mr I. C. J. Polson), was fined ¥l5O, disqualified from driving for two years, and placed on probation for 18 months when sentenced on charges of driving with an excessive bloodalcohol concentration, and driving in a manner which might have been dangerous at Lyttelton on October 2.

As special conditions of probation, he was ordered to abstain from alcohol and to take medical or psychiatric treatment as directed by the probation officer. On a charge of wilfully damaging a police cell pan, reinforced window pane, and light fitting, Tyro was ordered to pay restitution of $13.75. He was discharged without penalty on a charge of procuring liquor while a prohibition order was in force. Mr Polson said it was clear that when Tyro was not drinking he was a good worker and a man of some charm and personality. "It seems clear from the probation officer’s report and the medical reports that drink can be your downfall,” the Magistrate said. FINED $2OO Derek Davies, aged 49. a driver (Mr J. R. Milligan), was con-

[victed and fined $2OO and disqualified from driving for 18 months from December 9 when he pleaded guilty to a charge of driving with an excessive blood-alcohol concentration. Analysis of a sample of the de(fendant’s blood showed a con- ! centration of 214 milligrams of alcohol. CAR CONVERSION i Tui Tarau, aged 33, unemployed (Mr R. F. B. Powell), who said he took a $l2OO car to pick friends up, pleaded guilty to charges of unlawfully taking a car from Edgeware Road, St Albans, on November 10, and stealing a gallon of petrol, and was remanded on bail to December 2. Senior-Sergeant F. G. Mulcare said that the petrol cap was removed from a vehicle and a tin and hose were found on the ground nearby. The car, with the ignition keys in, was taken from a driveway. Tarau admitted consuming liquor, and said a prior accident had made him confused because he had suffered head injuries. ASSAULT BY WOMAN A woman defendant who knocked another woman unconscious was remanded on bail to December 2 to enable medical reports to be submitted. The defendant’s name suppressed for medical reasons. Senior-Sergeant Mulcare said the complainant was seeing friends off outside her flat when the defendant came out and argued about the noise from a party the previous night. The complainant bent, down to attend to her baby and the defendant struck her several blows, knocking her unconscious. Bruising was suffered by the complainant. In explanation, the defendant said she could not get back into her premises because the way was blocked by four males and she had to use her arms to get in. WILFUL DAMAGE On a charge of wilfully damaging a glass door, the property of Tasman Tyre Treads, Ltd, Westport, on November 18, Raymond John Young, aged 22, a seaman, was convicted and fined $3O and ordered to pay restitution of $l6. He pleaded guilty.