CLAIM FOR RENT

Evening Star, Issue 20253, 14 August 1929, Page 8

CLAIM FOR RENT

DECISION IN SOUTH DUNEDIN CASE PLAINTIFF SUCCEEDS AGAINST ONE DEFENDANT His Honour Mr Justice Kennedy this morning gave his judgment in the case in which Anthony Joseuh Hcffernan claimed from Walter Ernest ,o’Neili and Alexander Henderson Smith the sum of £SO 2s 9d, amount due for rent of premises at South''Dunedin. Tho defendants denied that there was rent due, as they were never tenants of the plaintiff, and alleged that the tenant of the premises was Graham Fox O’Neill. At tho hearing Mr A. G. Neill appeared for the plaintiff, and Mr J. S. iuclair for the defendants. The result of His Honour’s decision is that tho plaitiff’s claim succeeds against the defendant W. E. O’Neill, but fails against the defendant A. H. Smith. His Honour gave judgment in the claim for the plaintiff against the defendant W. E. O’Neill for £SO 2s 9d. His Honour said this action was removed from the Magistrate’s Court to the Supreme Court, and it was a condition of the order for removal that if the plaintiff succeeded ho was to be entitled to costs on tho Supreme Court scale, while if tho defendants succeeded they were to he entitled to costs only on the Magistrate’s Court- scale. Plaintiff would accordingly have judgment against the defendant W. E. O’Neili, also for his costs as on the Supreme Court scale, with witnesses’ expenses and disburement to be fixed by the Registrar. The defendant A. IT. Smith had a common solicitor ami common counsel with tho delendant W. L.. O’Neili, and, following the rule iHustrated in other cases, tho plaintiff would pay the defendant A H. Smith for costs one-half the total costs of the action as on tjhe Magistrate’s Court scale, with one-half the witness allowance for the attendance of the defendant A. IT. Smith. There would be judgment for tho defendant’s witnesses accordingly, with costs as indicated.