TE PUKE HOTEL.

New Zealand Illustrated Sporting & Dramatic Review, Volume XVI, Issue 956, 2 July 1908, Page 21

TE PUKE HOTEL.

PLAINTIFF AWARDED POSSESSION AND £350 DAMAGES.

His Honor Mr. Justice Edwards delivered judgment last Saturday morning in the case of Ernest Brothers Dufaur v. Timothy Kenealy, Arthur A .Smith, and Ernest J. R. Smith. This was an action foi’ the recovery of possession of the Te Puke Hotel, with consequential relief and damages. The hearing of the evidence occupied three days, the argument by the counsel on the points of law two more days. His Honor’s judgment was a very lengthy one, and occupied slightly over three-quarters of an hour to read.

To sum up, said His Honor, in concluding his judgment, the relief which the plaintiff would have in the action was: (1) Judgment for possession of the hotel and premises; (2) a decree declaring that the plaintiff was en-i titled as assignee to the term granted by the lease from the defendant Kenealy to C. A. Martin, and ordering Kenealy to do all things necessary to enable the lease and the transfer to be registered; (3) a decree declaring that Kenealy was not entitled to refuse his consent to the transfer of the lease from Martin to the plaintiff, and to a sub-lease from the plaintiff to Adolphus Montgomery, on the ground that the lease had been forfeited, and that the transfer of the lease from Martin to plaintiff might be complete ed and registered, and that the*'plaintiff might sublet or sub-lease the hotel to A. Montgomery without any further consent of Kenealy; (4) judgment against the defendants for £350 damages. The plaintiff must have his costs against the three defendants as on a sum of £lOOO, according to scale.

Mr. Reed, one of the counsel appearing for the defendants, asked for a stay of execution, as it was proposed to take the case further. After some argument His Honor allowed a stay of execution with respect to the damages and costs, 14 days being allowed to find security in the event of an appeal.