High Court Wellington
1 September 1947
Christie J
Court of Appeal Wellington
11 March; 25 May 1948
Sir Humphrey O'Leary CJ; Smith J; Kennedy J; Finlay J; Gresson J
1 September 1947
Christie J
Court of Appeal Wellington
11 March; 25 May 1948
Sir Humphrey O'Leary CJ; Smith J; Kennedy J; Finlay J; Gresson J
Public Works — Proclamation — Landlord and Tenant — Rent Restriction — Land purchased by and Vested in Crown by Proclamation — Part occupied by Tenant — Tenant at Date of Proclamation a Statutory Tenant — Tenant remaining in Occupation and paying Rent to Crown — Crown using Land for Storage of Heavy Material — Inconvenience and Interference with Tenant's Privacy — Breach of Covenant for Quiet Enjoyment — Damages — Statutory Protection given by Fair Rents Act, 1936 — Whether an "estate or interest" and, as such, discharged by Proclamation taking Land occupied by Statutory Tenant — Public Works Act, 1928, ss 22, 23, 32 — Fair Rents Act, 1936, ss 2, 13.
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