LAW REPORTS.

Dominion, Volume 1, Issue 230, 22 June 1908, Page 11

LAW REPORTS.

SUPREME COURT. . IN'BANCO. RE-INSTATEMENT OF A LEASE: Sitting in' Banco on Saturday morning, Mr. Justice Chapman heard argument in the case , between Thos.' Roberts, of, Eketahuna, farmer, and Vi'm. of Wellington, Baddler. x This was a motion for relief against forfeiture of a farm property situated at Elcctahun:*, which was 'held by plaintiff from defendant under leaso with right of purchase. 'The rent,.which was duo 011 .December 1, was unpaid, although several notices wore sent requiring payment. The leaso provided that in default of payment for twentyone days tho landlord could re-enter and determine the lease. On March 23 tho defendant re-entered into the property, and so\ved_.grass-ssed and farmed the place. Tho plaintiff then' abplied to tho Court for relief,'' offering to pay 'the rent and interest and any.costs which had been incurred. Mr. E. Page, of Ekotahuna, on behalf of plaintiff, contended that the Court had an inherent jurisdiction to prevent hardship to a tenant, and that although the lease definitely stipulated that in default of payment of the rent, for twenty-ono days the landlord could re-enter, the Court would not allow this'to be'done so as to cause hardship.' ■ Mr.; Blair,; for tho defendant, submitted that, the plaintiff had lost-the right-to relief, and that his negligence had prevented him from coming to a Court of Equity and asking to bo relieved from forfeiture. Mr. Justice Chapman said that, although a tenant had been neglectful in tho matter of thopayment of tho rent, a Court of Equity could always bo invoked to prevent hardship. Ho proposed to grant tho relief asked for, although plaintiff had been negligent in tho matter. The outstanding feature of tho caso was. the !fact that plaintiff had paid £750 ! for' thfl value of the lease, and it-was not equitable that he should lose tho ; lease if he wore prepared to pay tho rent. Plaintiff ■was attempting to save a valuablo property, and although he had been guilty of neglect, ■allowance must be made for the fact that tho season was a bad one, and that plaintiff was.bewildered by tho bush fires and drought whicli had raged ..throughout.- the district. The great importance of the value of the property was the factor which determined the.Court'in granting the relief. The motipn for'relief had been filed promptly, and what little, time had passed had been occupied by : correspondence between tho solicitors for tho i parties. Defendant had, however, expended a considerable sum in sowing grass-seed, and as plaintiff would get the benefit ho should pay the cost. The relief Would bo granted, and the lease re-instated upon payment of the rent and interest to dato, and tho ; cost of the grass-seed and tho work of sowing it. Defendant would also bo allowed eight guineas costs and disbursements.