COUNTY HOUSE

Otago Daily Times, Issue 26473, 29 May 1947, Page 8

COUNTY HOUSE

CLAIM FOR POSSESSION DISMISSED AN IMPORTANT DECISION Special to the Daily Times BALCLUTHA, May 28. A reserved decision of considerable interest to local bodies and employers who provide accommodation for employees was delivered in the Magistrate’s Court at Balclutha to-day by Mr A. E. Dobbie, S.M. The. case was a claim brought by the Clutha County Council against W. G. Fergusson, formerly employed by the council as a grader driver at Owaka, for possession of a county house at Owaka, which the defendant continued to occupy after his employment had been terminated. The magistrate gave his decision in favour of the defendant. Mr J A. C. Mackenzie appeared for the plaintiff, while the defendant was represented by Mr R. R. Grigor. The evidence given at the original hearing was that Fergusson commenced work for the Council on May 20, 1943, and that he had been promised a county house within a month of. starting work. He had eventually taken possession of the house in question 18 months later, in January, 1945. At the time of starting work as a grader driver he had not been told that he would occupy a county house as a servant of the council; but the county clerk, Mr G. Ashcroft, informed him that that was the position shortly before he moved in. The clerk also said a letter acknowledging this condition would be required from the defendant. The defendant admitted that he realised at the time that he would have to quit the house when, for any reason, his employment with the council ceased. He also admitted that he knew he would not have been given possession of the house if he had not been employed by the council as a grader driver. He agreed that he had verbally accepted the conditions laid down by the clerk, and said he actually thought he had given the clerk a letter to that effect. After the magistrate had given his decision in favour of the defendant, Mr Mackenzie said it would create serious difficulties throughout New Zealand. It would mean, he said, that in future employers would not provide houses for employees. His Worship suggested that the County Council should draw up “ ser-vice-occupancy ” regulations similar to those used by the Railway Department.