Refuses Order For House Possession

Northern Advocate, 2 April 1946, Page 4

Refuses Order For House Possession

An order for possession of u house in Cairnfield Road. Whangarei, was sought in the Whangarei Court, the magistrate (Mr W. C. Harley) declining. The plaintiff was Lylie A. Philips, owner of the house, joined with her being Albert John Harvey, purchaser of the property subject to vacant possession, and the defendant was Thomas A. Montreal. ‘For the plaintiffs, Mr D. J. Thomson said that as Montreal had been agreeable to move to a house at Three Mile Bush—a proposal which had not eventuated —Mrs Philips had secured a house at Maungatapere. There was a daily workers’ bus service to Whangarei. Evidence was given by Wray Mealings. inspector of factories, who produced a certificate that the house was suitable for a family with six children. To Mr J. D. Gerard, who appeared for Montreal, he said that the distance of the house from Whangarei would create a hardship to a man not able to use the bus service. PURCHASER’S EVIDENCE The purchaser of the house subject to vacant possession, Albert John Harvey, retired farmer,- said that this was a condition of the contract and he would not lose if the sale did not proceed. He was living in rooms, his furniture being stored. To Mr Gerard, he agreed that the need of a man, wife and four children was greater than his own. In evidence Mrs Philips detailed attempts at providing alternative accommodation. The property occupied by the defendant was deteriorating and she wished to be quit of it. The house would be most suitable for the Montreal family if it was not for the distance from Whangarei where Montreal was in business and working long hours which would prevent him using the bus service, said Mr Gerard. Another objection was the state of his wife's health, as the bus trips would be detrimental.

A cabinetmaker. Montreal said the bus service was unsuitable as he was working long hours in carrying -out his obligations. , To Mr Thomson he said he was willing to vacate the house if a suitable alternative was found. No order was made.