£1740 RENT DECLARED FAIR

Taranaki Daily News, 26 May 1933, Page 7

£1740 RENT DECLARED FAIR

WOOLWORTH’S APPEAL FAILS. TRIAL JUDGE'S FINDING JUSTIFIED. By Telegraph—Press Association. Wellington, May 25. The Court of Appeal has delivered judgment in the appeal from an order of the Supreme Court made by Mr. Justice Smith giving relief to a landlord under sections 32 and 38 of the National Expenditure Adjustment Act. 1932. The appellant was Woolworths (N.Z.) Ltd., and the respondents were Charlton Greenway Dawson and Bertram Kendal Greenway Dawson, Auckland. - Separate judgments were prepared by all the members of the Bench. They were unanimous that there was ample evidence to justify the finding of the judge in the court below that the rent payable between the parties under contract was “fair” rent, and for this reason the court would not interfere with the discretion exercised by the trial judge, and the appeal was dismissed with costs on the highest scale as from a distance.

Mr. H. H. Cornish, for appellant, said that when the National Expenditure Adjustment Act came into force Woolworths Ltd., exercised the right it thought it had under the Act and deducted 20 per cent, from the rental of £1740 being paid to the landlords, the respondents, who were the executors of a deceased person’s estate. ' Respondents, said Mr. Cornish, then took proceedings for relief, saying that the rent of £1740 was fair, taking into consideration the nature of the premises. The matter was referred to the Auckland City Commission, which recommended, after hearing evidence, that the landlord should not be allowed any relief, and that, the deduction should stand. Next the question went to court, and Mr. Justice Smith declined to follow the recommendations of the commission, and held that the landlord was entitled to the rent of £1740. It was this decision which was being appealed against.