CONDUCTS OWN CASE.

Waikato Times, Volume 109, Issue 18350, 9 June 1931, Page 6

CONDUCTS OWN CASE.

WOMAN SUED FOR RENT. COUNTER-CLAIM ENTERED. HAD NOT PAID FEE. A defendant who conducted her own case figured In a claim for rental allegedly due for a flat she occupied In London Street. The case was one in which the London 'Residential Flats, Ltd., claimed from Edith M. Eastwick, spinster, £l2 3s 9d. Mr Wyvern Wilson, S.M., was on tho bench. Plaintiff company was represented by Mr A. L. Tompkins. A counter-claim for £SO damages for alleged Illegal entry and wrongful seizure of goods, was entered, but as the hearing fee of £1 had not been paid His Worship indicated that he could not consider it. “ Does that mean that 1 have to ask for an adjournment?” queried defendant.

‘‘You can please yourself —I cannot hear it until the fee has been paid,” His Worship answered. The secretary of London Residential Flats, Ltd., Mr E. J. Davey, -said that Miss Eastwick took up residence in the flats on October 18, at a weekly rental of £1 17s 6d. She left of her own accord on March 24. The sum of £l2 3s 9d was owing from February 7 to March 24* Invited by His Worship to crossexamine witness, defendant, who prefaced her remarks with the -statement that she did not admit liability, had -begun to state her case when she was interrupted from the bench, — "She does not wish to ask you any questions witness, you may stand down.” His Worship, "Do you wish to give evidence?” Defendant Gives Evidenoe. Defendant (decisively) : —"I think I had better.” Defendant told the court that her tenancy was on a monthly basis, and there -had never been any question over the payment of her rent while she was in occupancy. She was prepared to pay up to the time her flat wa-s entered and had since paid up -to the llth. She commenced to explain at length how she had written to the secretary of the flats in this connection, when His Worship interjected: “Wait a minute, wait a minute.” '

Counsel for plaintiff -subsequently admitted the receipt of £7 10s on May 19, which His Worship pointed out would constitute payment up to March 7. "Is there anything else you want to toll me about the rent?" queried His Worship. Defendant produced a letter which she stated she had received from the secretary of the flats. “I am not going into any other question except liability for rent. I cannot settle anything in connection with a counter-claim,” His Worship reminded defendant, after persual of the letter produced. Defendant: "That seems rather hard.” His Worship: “You pay your fees and you will have your counter-claim heard." Defendant: If I pay can I have it heard in another week?” His Worship. “I am not sure. Madam: it depends whether you pay your fees.” On defendant’s plea that she could get the £1 immediately after lunch, the hearing of the counter-claim was adjourned until this afternoon. The amount claimed, less the £7 10s already paid was allowed plaintiff, with costs.