AN UNUSUAL CASE

New Zealand Times, Volume XLVII, Issue 10964, 28 July 1921, Page 3

AN UNUSUAL CASE

DEAL IN PROPERTY. HOUSING BOARD'S ERROR. Having been adjourned sine die in April last by Hi 6 Honour Mr Justice Reed, with liberty to either party to apply for a formal judgment, the civil action was brought to a close yesterday, in which Susan Alice Hosie, wife of Robert fcLosie, of Paraparaumu, settler, sought possession. of land and premises at 6G, Leraud Wellington, together with mesne (ratefvening) profits. Hie Honour Mr Justice Reed heard an application by counsel for plaintiff for-a formal judgment. Mr P. J. O'Regan appeared for defendant, David Stone, gardener. HOUSING BOARD'S ADVANCE. Defendant, desiring to purchase a house, approached the Housing Board, which decided to recommend the purchase of the plaintiff's houGe, for the ©urn of .£775, coiir' ditional upon Stone paying a deposit of* £l5O. Defendant entered into possession, but afterwards it transpired that, through errors in the department, the* Minister approved of the purchase at. £750. The issue arose concerning • the ( extra £25. In order to endeavour to get: over the difficulty the board recommended, the Minister to pay the additional £25 r adding it to the amount to be eventually’naid by the defendant; but, although the Minister agreed, the defendant would not consent. His defence was that he was. in lawful occupation if he was in possession. THE TITLE: TO PROPERTY. His Honour, in his judgment of April, held that this was no defence, and de-. fendajit was in possession of the premises without any title whatever, and that plaintiff was entitled to. judgment. It w&s, however, represented to His Honour, that plaintiff had no wish to dispossess the defendant, and both counsel requested him to asses© the amount that should properly be paid by .the defendant to the plaintiff, on the assumption that the purchase' would be completed. He found, as a fact, that the agreed price for the land was £775, and that the plaintiff was entitled to 8 per cent, on that amount from February sth, 1920; to the date she receives payment. JUDGMENT FOR £9O PROFITS. . By consent of counsel yesterday, judgment was -entered for the plaintiff with £9O mesne (intervening) i>rofits, w jth costs on the middle scale. By consent the judgment is to be vacated in the event of the defendant carrying out within one week the terms of the original informal judgment in the case.