MAGISTRATE’S COURT

Otago Daily Times, Issue 24448, 6 November 1940, Page 5

MAGISTRATE’S COURT

Tuesday, November 5 (Before Mr J. R. Bartholomew, S.M.) Undefended Cases Judgment was given for the plaintiff in the following undefended cases;— Otago Hospital Board v. Ying Chang, claim £24, for maintenance, with costs (£4 9s 6d); Otago Hospital Board v. Young Cheotvg, claim £25 16s, for maintenance, with costs (£4 9s 6d); Robert Walls v. William H. Molloy (Clinton), claim £1 12s 6d, for goods supplied, with costs (10s); D.1.C.. Ltd., v. T. R. Williams (Auckland), claim £26 17s Id. for goods supplied, with costs (£4 Is 6d); Motor Cycles. Ltd.. v. James Todd (Brighton), claim £2 10s 3d, for work done, with costs (£1 5s 6d). Tenancy Dispute Isabella Christina Owens proceeded against George Henry Lewis and Elizabeth Lewis, now of Christchurch, but formerly of Dunedin, claiming £67 18s 3d as damages for alleged breaches of a tenancy.—Mr B. 3, Irwin appeared for the plaintiff, and Mr O. G. Stevens represented the defendants.—The statement of claim set out that the defendants leased a house in Bay View road in May, 1937, from the plaintiff, and they lived there until August this year. The defendants, in breach of the terms of the tenancy, failed to keep the premises in good repair, and failed and neglected to keep the garden and grounds in good order, the lawn mown and the hedges properly trimmed. The claim was made up principally of £4O. the cost of cutting hedges and renewing and topdressins lawns and borders; £24 15s, the cost of repairing the border at the entrance and repairing an asphalt path; and £2. the cost of replacing broken tiles in fireplaces.—For the defence Mr Stevens submitted that the grounds of the house were not in good condition when the defendants went into the place, the path being already broken while the grass to the front gate could not be cut with a mower He contended that the damages asked for were grossly exaggerated, and submitted that the defendants had been good tenants.—After hearing lengthy evidence, the magistrate reserved his decision to enable him to inspect the property. • Judgment for Defendant

The inspector of awards. (Mr W. H. Cadwallader) proceeded against the Tilbury Forwarding Company. Ltd. (Mr I. B. Stevenson), claiming £lO as a penalty for an alleged breach of the New Zealand motor and horse drivers’ award. It was claimed by the plaintiff that the defeno'ant company failed to pay a worker, W. H. Rendle employed by it on country work as defined in the award the additional sum of 5s per working day, and failed to provide at its own expense suitable board and lodgings as prescribed in the award.—Mr Cadwallader said the dispute centred round the definition of country work-in relation to the genuine place of residence of a worker The case of a single men ,vho went where work was offering was particularly involved. In this instance the worker’s family lived at Palmerston, and he had been required to work at Waiwera South for a period of about four months.—After hearing the evidence of W. H. Rendle. the magistrate gave judgment for the defendant company, stating that the man had no ties to any particular locality except that m which he was working