TENANT OPPOSES SALE

Otago Daily Times, Issue 25717, 13 December 1944, Page 6

TENANT OPPOSES SALE

SUGGESTION OF SPECULATION

CASE BEFORE COMMITTEE The Otago Land Sales Committee —Messrs E. J. Anderson (chairman), D. J. Ross, and R. .Walls —heard an application at its sitting yesterday by Lindsay Neilson for the transfer of a property, lots 3 and 4, deposit plan 69, City of Dunedin, to Ethel May Henderson, the purchase price being £1650. Mr F. W. McElrea appeared for the vendor, Mr I. B. Stevenson for the purchaser, Mr C. L. Calvert for an objector (Aubrey Somerset Whitcombe). and Mr W. L. Miller for the Crown.

Mr McElrea said the vendor was prepared to agree to the basic value of the property being fixed at £1435, but counsel had not been instructed to agree to the contract price being reduced. The property concerned was the freehold of a shop and dwelling, the shop being occupied by the objector, who sub-let the house. Previous Transactions Mr Calvert said that under section 50, subsection 3, of the Act, the committee had to take into consideration the question whether a property was being used for speculative .or unremunerative purposes. Counsel said that the applicant or her husband had purchased a number of properties since the Act had come into force, and he asked that these transactions should be carefully examined by the committee. The objector had served in the last war.

The objector said he had made an offer of £I2OO for the property in September last, and a little later he heard that Mrs Henderson had bought it for £1650. To Mr Stevenson, witness said he had not made a higher offer than the one of £I2OO. He admitted having, been given the opportunity to purchase at the vendor's price. Alexander Henderson, retired builder, husband of the purchaser, said that prior to April, 1943. witness and his wife had owned and disposed of six or seven properties, most of these having been owned by witness. They were anxious to obtain Mr Neilson’s property to provide a permanent home and occupation. It was not being purchased for speculative purposes. It was contended by Mr Stevenson that the purchaser was as much entitled to the property as the objector. The objector had “missed the bus” so far as the purchase of the property was concerned, and, though there was a certain amount of sympathy for him, the Act had to be taken as it was found. Counsel added that there was nothing to suggest that the present transaction was a speculative one. Overlooked in Act? The chairman commented that the present application was the second within a week in which a man who had served in the last war and was in the prime of life found that the Servicemen's Settlement and Land Sales' Act had not provided for him. He thought this was much to be regretted, as he considered that those who had fought in the last war were as much entitled to protection as servicemen from the present war. Decision was reserved. Hotel Case

The application of Flevie Thomas Blanchard for the transfer of the Commercial Hotel, Roxburgh, to James Morrow was granted, the purchase price being. £14,000, plus valuation of stock and furniture. The value of the land and buildings was fixed at £7OOO, and the goodwill at £7OOO. Evidence was given by J. M. Samson to the effect that he had sold the property 17 years ago for £12,0«0. Since then considerable improvements had been effected. Mr B. S. Irwin appeared for the vendor, and Mr H. S. Ross for the purchaser. Basic Value Not Fixed

The following application was granted without the basic value being fixed:— „ Roy Lockhart Morton Congalton to Cochrane Weir Henderson. (1) sections 2 and 3, block 27, and lots 47 and 48, town of Cromwell, (2) sections 4,5, and 6, block 27, township of Cromwel ; land and buildings £7OOO, goodwill £IOOO, stock, plant, and fittings at valuation. ___________