DUNEDIN DOCTORS’ DISPUTE OVER ROOMS

Gisborne Herald, Volume LXXVI, Issue 22890, 9 March 1949, Page 5

DUNEDIN DOCTORS’ DISPUTE OVER ROOMS

(P.A.) DUNEDIN, Mar.. 8. The possession of rooms at 141 High street was awarded to Dr. D. G. McMillan, former Minister of Marine, by Mr. H. W. Bundle, S.M., in the Magistrate’s Court today. The defendant was Dr. R. L. Cotton, who has practised in a group with McMillan.

The magistrate agreed to suspend the issue of a warrant for possession for 10 days to allow Cotton to take further action if desired.

It was stated at the hearing that Cotton had refused to be transferred by McMillan from the rooms in question to other rooms in Dowling street, and Cotton gave evidence that in one year and eight months in the High street rooms he had earned £B6OO. The court was called on to decide whether the relationship between the two was that of master and servant, or otherwise, and the magistrate held that the status of the parties was that of master and servant.

The magistrate said that under the agreement McMillan paid the rent of the rooms and was entitled to say what rooms were most suitable for his use. McMillan claimed £5 damages. The magistrate awarded nominal damages of £1 with court costs £1 3s and solicitor’s fees £2 2s.