The landlord who wrongly evicted hairdresser Arthur Devine from his Blenheim premises says he is still "puzzled" why High Court action was taken.
William Yates said the outcome of the court action delievered on Thursday most significantly that Mr Devine be reinstated in the building at full cost to Mr Yates was the same as he had offered on August 11, six days after the wrongful eviction.
Mr Devine, through his lawyers, had been motivated to seek "greater monetary reward" than the damages of $20,000 paid to to Mr Devine by Mr Yates' former lawyers Hardy-Jones Clark, Mr Yates said.
Mr Devine says he will be back in business in Blenheim by Christmas, but Mr Yates said it could be as early as tomorrow.
The ruling said the premises must be in the same condition as when Mr Devine was evicted.
Mr Yates said he was disappointed Mr Devine had not taken the offer on August 11 to move back in and "instead chose to wage a public campaign designed to improve his position".
He did not rule out appealing the court decision.
Mr Yates wrote to Mr Devine on Friday requesting items to be reinstalled, including light fittings, shelving and signwriting taken down when Mr Devine moved out be delivered by 9am today. He had not heard from Mr Devine by last night. If the items were put back, the business could re-open from tomorrow.
Mr Yates' new lawyers Wisheart Macnab had claimed in court that Mr Devine had not been a good tenant.
There was a "belligerent attitude" present and the public airing of the dispute had reached a point where the two should not be forced into another five-year lease, they said.
However, Justice MacKenzie said there was not a history of failure to pay or late payment that would justify not reinstating Mr Devine in the premises.
On August 5, Mr Devine was unlawfully evicted from his hair salon building in High St, Blenheim, for not paying outstanding rent. The rent had been paid the day before, but Mr Yates was not told this by his lawyers, Hardy-Jones Clark. Mr Devine has since been paid $20,000 in damages from Hardy-Jones Clark.
The High Court ruled that the original lease signed between the two in 2006 be reinstated immediately and Mr Devine will be able to renew the lease for a five-year term from September 1 this year.
Mr Devine also sought compensation from Mr Yates for loss of profits from August 5, and "damages for stress, hurt, humiliation and damage to reputation". However, Justice Alan MacKenzie said that claim could not be considered with this case. Mr Devine also sought legal costs, but detailed submissions had not been made.
Other damages could be sought in a separate court action, the judge said.
One of Mr Devine's lawyers, Luke Radich, said they would still be looking for compensation and damages, and seeking some payment of legal fees by Mr Yates.
This could possibly be agreed by the two parties, but, if they could not agree, further legal proceedings could be necessary, Mr Radich said.
Mr Devine said he was looking forward to being back in Blenheim. It had been hard operating out of just his Picton salon, but the Blenheim salon would be open again in time for Christmas, he said.
Media reports of his eviction and the subsequent legal battle had been "very one-sided", Mr Devine said. However, it had been best to say nothing and let his lawyers handle everything.
Justice MacKenzie noted "a high degree of animosity" between Mr Devine and Mr Yates.
- The Marlborough Express
ROB MACINTOSH AND SIMON WONG
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