DISPUTE ABOUT FARM

Northern Advocate, 24 October 1935, Page 6

DISPUTE ABOUT FARM

“GROSS INVASION OF RIGHTS” JUDGMENT FOB PLAINTIFF NAUMAI LEASE CASE [Special to “Northern Advocate.”! AUCKLAND, This Day. The action brought by Horace Leonard Bremner, of Naumai, near Dargaville, farmer. against Mrs Merena Te Paa, of Naumai, was decided in the Supreme Court yesterday-, when Mr Justice Callan, in a reserve decision, gave judgment for the plaintiff on both the claim and counter-claim.

Bremner claimed £2OO damages, and an injunction against Mrs Te Paa from whom he had leased a 10-acre farm. Mrs Te Paa counter-claimed for damages, amounting to £250. Mr Justice Callan found that Mrs Te Paa knew that Bremner was continuing to occupy her property, and, by her conduct, had clearly consented to this. He > was in possession under the tenancy, .which Mrs Te Paa could not terminate, except by giving one month’s notice in writing. Her entry was, therefore, unlawful, and her conduct on that day and, thereafter, was of gross invasion of Bremner’s rights. His Honour thought it the duty of the Court to give such judgment as would discourage parties from venturing to take the law into their own (hands in the reckless and inconsiderate manner of which Mrs Te Paa' had been guilty.

Judgment was given to the plaintiff on the claim for £SO damages and the injunction, and his Honour decided that the whole of the counterclaim failed.’ Plaintiff was awarded costs on' both claim,' and counterclaim, the cost to be calculated on .£SO in the claim and on £314 in the counter-claim.