COMPENSATION CLAIM

Evening Post, Volume CIX, Issue 139, 16 June 1930, Page 11

COMPENSATION CLAIM

taDD CASE OF ASTOR HOUSE

LAND TAKEN BY CITY COUNCIL

The taking of the block of land in Willis street, known as Niinmo 's corner, last year :formed the subject of.: a claim for £6619 16s compensation, made by John Henry Garrett, restaurateur, and hi* w,ife, Margaret Garrett, against the ■ Wellington City Corporation, in the Suuien.e Court' to-day. if is Honour Mr. Justice Blair, presided; and with. him as assessors were Mr.W. G. Eiddell and Mr. Dale. : Mr. A. Gra3*,.K.C., with him Mr. J.-P. Stewart, appeared for the. claimants, and the.City. Solicitor (Mr, J. O'Shea) for the Corporation. Mr. Gray said that the claimants had mi interest iii Nimmo's building, havi»g acquired a lease of the first floor for-five years from Ist October, 1926, ■ where they had conducted dining-rooms known as Astor House. Under the lease there was a right of renewal for a further two years, the rent _to be agreed upon between the parties, or failing an agreement the rent to be fixed by arbitration. The claimant Garrett had been in business as a restaurateur since November, 1920, and his predecessors in Nimmo's building had con- ■. ducted a similar business from 1912, so that in all the premises had been occupied as a restaurant for sixteen or seventeen years before the date of dispossession. Two proclamations under which the land was.taken were issued on 25th September,. 1928. and the claimants closed, their business, after a notice to quit, in March, 1929, and so d Ihe furniture and-plant on 30th March, 1929. From-the. time Mr. Garrett took over the premises the business grew, and when he was forced to sell out,it ivas.:a very lucrative one. Tor some years prior to the taking of the land it was-common talk that a syndicate, Bond-Street, Ltdi', had acquired a good <Iml of land in-, the vicinity, and as a result-of this Mr. Garrett early in 1928 made'inquiries to see whether he could •rot'■s'aitable' premises in case ho was icquircd to move. : Mr.- Garrett also interviewed the City Valuer, but was unable to learn anything definite.as to ivhen the land was likely to be taken. Garrett was also assured by his landlord that it would be years before anything was settled. -Then suddenly the City Council took action, and it was claimed that Garretty as a result -of .the land having been-.taken, had suffered a considerable loss. Mr. Gray mentioned that the Corporation had offered £-1000 as compensation, but that offer, had not been acCC':'.irl"o!Shea: "And the offer lapses." ' it w.-is considered, said Mr. Gray, that the offer of £1000..was grossly.made J John -Henry Garrett said that during th'c'timc he '-was in-business he drew £8 a week wages for himself ana his wife, ami in addition he- took out; sums ot money by-way of profits.-: After the first two years business increased year'Jv'aiul witness produ«ed a statement showing the takings. His books had always been kept by a qualified accountant. The .average attendance at his restaurant for-dinner was:.3sO, and for tea the attendance on the average v,-s3 200 or more. ■ When he heard,. m 192S,'that there was a possibility of Nimmo'S property being acquired,- he interviewed a firm of: land agents with a view to obtaining information aboutpremises in Mercer street. . Certain terms under -which he could ".have the 'premises'were' submitted" to -Mini, but the building and the terms did not appeal to him. '■He was unable to'get any definite information about Nimmo s property. After lie received notice to quit Niinmo's building ho: was offered a number of other premises, but for various reasons "none .were, suitable. . Questioned, by Mr. O 'Shea regarding premises in the Crown building in Wil- . lis street, witnesssaid he was unable to. say whether an agent had offered him a lease. They, were, unsuitable for. his purposes, and the same applied to other premises :he inspected.. .' ■ Mr.-o'Shea: '.'Don't you think your Teasisns are a bit thin?" ~' .■•; Witness:-"No, I don't.?'; ■.'_-■ .- ■ -'-. (Proceeding.) .■-..-.