CLAIM FOR £2999

Poverty Bay Herald, Volume LX, Issue 18252, 22 November 1933, Page 7

CLAIM FOR £2999

RENTAL OF PROPERTIES ALLEGED NEGLIGENCE TRUSTEE AS DEFENDANT (Per Press Association.) WELLINGTON, this day. Argument was heard in tiic Supreme Court, before Mr Justice MacGregor, in the case of Mrs Alice Merry versus tho Public Trustee, both parties formally moving for judgment. The case has been before the court at various times since 1929, when the plaintiff brought an action claiming £2034. A further statement of claim filed later increased the claim to £2999, plaintiff alleging that this represented the amount of additional rentals that should.have been obtained over a period of 11 to 14 years in respect to three properties in the Merry estate. The question of rental values had been referred to Mr E. Page, S.M., as a special referee for a report. In September last,, there was a further hearing, when the plaintiff claimed £933, based on the highest possible findings ir. the referee’s report, and also £377 as compound interest on that amount extending over from 12 to 14 years. The effect of the interim judgment then given, was that according to the referee’s report the total letting values of the three properties over the period of the claim was approximately £3693, while the rent actually obtained by the Public Trustee was £2945, the difference being £748. Mr 11. F. Johnston, K.C., now moved that the referee’s report be adopted, and that judgment be entered for the plaintiff. For the Public Trustee, Mr 11. F. O’Leary submitted that where the referee’s report implied imprudence or negligence on tho part of the defendant, the report was against the weight of evidence. Dealing with the rents which had been charged by the defendant, counsel claimed that it was well worth while lowering rents slightly to the right tenants. On these properties, the same tenants had been in possession for the whole of the time, except in one case. While the referee had stated the rentals at which the premises could have been let, it was another question whether those rentals could have 'been obtained. The defendant had collected practically _ the whole of the rents due, arid the facts did not show negligent management on the part of his department. The hearing was adjourned until Thursday.