USE OF BOILING DOWN WORKS

Waihi Daily Telegraph, Volume XXVI, Issue 7901, 12 September 1929, Page 2

USE OF BOILING DOWN WORKS

OWNER MAKES CLAIM FOR DAMAGES COURT ALLOWS RENT Claiming £ls damages in respect of his occupancy of a holldlng-down works near the Waitete stream, Margaret Gallie, widow, proceeded against Samuel Tanner, butcher, at the monthly sitting of the Waihi Magistrate’s Court on Tuesday. Mr J. B. Beeche appeared for the plaintiff and Mr F. C. V. Clark for the defendant.

Mr Clark said that the question in dispute was the amount of compensation to which Mrs Gallie was entitled. His client did not suggest that he should not have to pay for the use of thp works.

Mr Beec]ie, ip outlining the facts of the cas.e, said that the position was that last year Tanner had been offered a five years’ lease of the property at a rental of £l 5s a week, with the proviso that he should keep the place in repair and fulfil certain other conditions. Tanner did not accept the lease on these terms, but had use and occupation of the property for a time at a rental of £1 10s a week. Early this year Edwin Charles Kennerley leased the property on the same terms as those that had originally been offered to Tanner, and took Tanner as his subtenant. Kennerley did not comply with the terms of the lease, however, and on July 24 the agreement was terminated by proper notice from Mrs Gallie. Kennerley had left, but Tanner had remained in possession and had used the works for the last seven weeks. He had, of course, no right to do so once Kennerley had left.

After Mrs Gallie had given evidence along these lines Mr Clark submitted that the question was not one of awarding punitive damages, and to this the magistrate, Mr F. W. Platts, agreed, adding that he thought that to allow £l 10s a week for the time Tanner had remained in occupancy would be a reasonable thing. Evidence was then given by Kennerley, after which the magistrate gave judgment against Tanner for £lO 10s, being the rental for seven weeks at £1 10s a week.