RENTAL OF PREMISES

Dominion, Volume 27, Issue 16, 13 October 1933, Page 16

RENTAL OF PREMISES

Appeal Referred Back

An appeal against an order of Mr. Justice Herdman on the recommendation of the Auckland City Mortgagors’ Liabilities Commission concerning the rental of premises in Queen Street, Auckland, which was the subject of an appeal to the Court of Appeal yesterday, was referred back to the commission by the court at the conclusion of legal argument The parties were St. Mungo Ltd., appellant, and J. J. Craig Ltd., respondent The Chief Justice, in delivering judgment, said the court felt that if the appellant’s case had been placed before the court below as it had been placed before the Court of Appeal the probability was that the judge would have sent the matter back to the commission.

On the bench were the Chief Justice (Sir Michael Myers), Mr. Justice MacGregor, and Mr. Justice Smith. Mr. H. E. Barrowclough appeared for appellant, and Mr. J. Stanton, with him Mr. E. J. V. Dyson, for respondent. The appellant company, as owner of the property, leased it in. 1917 to J. JCraig Ltd. for 30 years at an annual rental of £2622/10/-. J. J. Craig Ltd. applied to the Supreme Court under part 3 of the National Expenditure Adjustment Act, 1932, to have the rent of the property fixed. After the question had been considered by the commission, Mr. Justice Herdman ordered the rent to be fixed at £2120 per annum. The appeal was from this order.