TENANT'S CLAIM

New Zealand Herald, Volume LXXIV, Issue 22733, 20 May 1937, Page 16

TENANT'S CLAIM

iWAVERLEY HOTEL SHOP SEQUEL TO ALTERATIONS CASE FOR DEFENCE STARTED Alleging that he had suffered serious loss and injury to health through the extensive alterations being made to the Wavorley Hotel building, in which he is tho tenant of a Queen Street shop, Marin Segedin, confectioner (Mr. 0. E. Clarke), sought £1253 damages from the owners, Hancock and Company, Limited (Mr. Terry and Mr. H. J. Butler), in the Supreme Court The case was heard by Mr. Justice Callan and a jury of 12. Plaintiff had a monthly tenancy of the shop since June 3, 1935, and claimed that since the beginning of last November lie had suffered serious loss through interference with his business from defendant's workmen. He claimed £l2l for damage to stock, £332 for loss of business, £3OO for worry and ill-health and £SOO general damages. Tho defence offered a general denial, alleged that tho contractors were not the agents or servants of the defendant company and that the alterations had been agreed to by the plaintiff. Plaintiff's Finances

Continuing his evidence plaintiff said that by agreement he had paid no rent since January 11.

Answering Mr. Terry witness said ho had been in No. 11 Qupen Street for five years and his weekly takings averaged £4O. Ho filed a petition in bankruptcy in March, 1933, and his wife bought the business back again. Up to September last he had lost £230 on his present business at No. 16 Queen Street. He had a very definite arrangement with Mr. C. Robinson, Hancock's secretary, to get tho premises for three years at £7 10s a week. He admitted writing a letter to tho owners after that, in which he said, "Of course you want as much rent as you can get and you may not consider me at all." Witness said he was not losing by staying on in the shop, because he was not paying rent. He paid 4d in the pound to his creditors when he went bankrupt and got his discharge four months later.

Evidence that Segedin had been in an extremely depressed and nervous condition was given by Dr. C. E. A. Cohlicutt. Two sisters, who had worked in Segeclin's shop, Esme and Dulcio" Pateman, gave evidence of grave interference with the business and loss of goods through the activities of workmen. The Defence Opened Mr. Terry, in opening tho defence, said that Segedin bad taken this action only when he found that he was not going to get a lease. Alterations and linking up of services at the premises had been abandoned by the contractors because of Segedin's refusal to leave. S. E. Forbes, assessor, gave his valuation -on various items of loss claimed for by plaintiff, his total assessment being £35 instead -of £l2l. Tho secretary of the defendant company, Conrad Robinson, described negotiations with Segedin over his tenancy. He had offered to lease to Segedin for three years at £lO a week, and later Segedin was served with a notice to quit. The witness had not completed his evidence when tho Court adjourned until this morning.