AUCKLAND SUPREME COURT

New Zealand Herald, Volume XLIII, Issue 13354, 7 December 1906, Page 7

AUCKLAND SUPREME COURT

CIVIL SITTINGS.

DISPUTED LEASE RENEWAL.

The civil sittings of the Auckland Supreme Court were continued yesterday, before His Honor Mr. Justice Edwards. Argument on a point of law in the case of Ellen Alice Malfroy, widow, of Rotorua, v. William Theobald Raymond, auctioneer, of Gisborne, for the possession of a piece of land, took place before the hearing of the facts. The questions of law submitted were : (1) Whether, there having been a deed of lease or memorandum of agreement in writing of the lease to the defendant executed by the parties, a verba! agreement can be. set up, varying or enlarging, or in substitution of such deed or memorandum of agreement; and (2) whether the payment of rent, and possession of the premises under the circumstances set forth in the defence and defence in counter-claim, are sufficient to take the alleged agreement out of the fourth section of the Statute of Frauds. Mr. Huddle appeared for the plaintiff, and Mr. Martin for the defendant.

On behalf of the plaintiff, Mr. Buddie stated, in the course of argument, that some years ago the defendant entered into an agreement for a seven years' lea.se' of some auction rooms at Rotorua, owned by tho plaintiff. At the conclusion of the seven years' lease the plaintiff was requested to give up possession. This he declined to do, on the ground that, by virtue of a verbal agreement, he. was to have the right of renewal of the lease at the expiry of the seven years' tenure. He contended that any such agreement would be void, unless expressed in writing, because it was contrary to the fourth section of the Statute of Frauds.

Mr. Martin said the action was one for ejection, and, in answer, the defendant pleaded that a verbal agreement was made tor the right of renewal of 'the lease after the. expiration of the seven years, and that the plaintiff, through her agent, had prepared the document now set up as the agreement, and which' wan intended to embody that, verbal agreement.. After further argument, His Honor said that apparently on the authorities quoted by Mr. Martin the law was against Mr. Buddle, but if ho was not prepared to combat them, then ho would allow further argument to stand over, so- that all points of law could be argued.

An adjournment till Monday was then agreed to.