Magistrate Orders Possession Of Flat

Northern Advocate, 16 September 1941, Page 4

Magistrate Orders Possession Of Flat

Holding that there was no question of hardship, the magistrate (Mr. Raymond Ferner) in the Whangarei Court this morning ordered John Carrington Wellby, records clerk in the Army Office, Whangarei, to give possession of the flat of which he had occupation within 14 days. The claim for possession was brought by Johanna Hunter and Margaret Robina Hannah (Mr. D. L. Ross), and Mr. A. M. Woods, for Wellby, said that he wished to be granted time to obtain alternative accommodation. In evidence Wellby said that since receiving notice to vacate the flat a I rnonth ago he and his wife had done everything possible to obtain a house or rooms but had not been successful, and he asked that he should be allowed a month to make further efforts. Beard Beyond Means Cross-examined by Mr. Ross, Wellby said that he was in receipt only of a corporal's pay and about 10/- per week from singing lessons and it was beyond his means to pay board for himself and his wife and storage for their furniture. Payments also had to be made to his first wife. He had at least 30 people endeavouring to find a place for him to live but none so far had been successful. Submitting that there was no hardship on Wellby, Mr. Ross applied for possession. Mrs Hunter wished to have possession and she had not received rent for six months from this property, Wellby owing £4l at the time of his petition in bankruptcy.

‘‘A defendant who comes to court owing £4l rent and has no other dependants than his wife does not stand well,” said the magistrate. There was no hardship in this case and an order for possession within 14 days would be made.

The magistrate declined an application by Mr. Ross for £8 which he said was owing for rent since the bankruptcy. Court costs and solicitor’s fee of £l/1/- were allowed;