Frank Bennett [5723]

  Noted events in his life were:

• Newspaper: PERSONAL, 1919 Mar 13, Sydney District, New South Wales, Australia. ¹ PERSONAL. (1919, March 13). The Sydney Morning Herald (NSW : 1842 -1954), p. 6. Retrieved August 3, 2012, from <http://nla.gov.au/nla.news-article15829398>
Mr Frank Bennett, manager of Messrs. John Hunter and Sons, Ltd , Eastern branch has left for an extended tour of Japan and China, accompanied by Mrs. Bennett and Miss. Doreen Bennett, by the Nikko Maru. This is Mr Bennett's seventh trip to Japan within the space of five years.

• Newspaper: Ejectment Order Against Local Hotelkeeper, 1921 Jun 11, Cowra District, New South Wales, Australia. ² Ejectment Order Against Local Hotelkeeper. (1921, June 11).Cowra Free Press (NSW : 1911 - 1921), p. 2. Retrieved June 16, 2014, from <http://nla.gov.au/nla.news-article99701878>

Ejectment Order Against
Local Hotelkeeper.
A Very Interesting Case.
-----
Before Mr. F. C Crane- S.M. on
Wednesday, Frank Bennett (Trustee
in the Estate of the late Alfred
Cramp) asked for an order directing
Patrick Kennedy, licensee of the
Royal Hotel, Cowra, to give up pos-
session of the premises to him.
Mr. Hill (Sydney) appeared for
complainant and Mr. Phillips for de-
fendant, who pleaded cause to show.
Frank Bennett deposed he was a
warehouse manager and resided at
Darling Point Road, Darling Point;
was landlord of the Royal Hotel, as
trustee under the will of the late
Alfred Cramp.
Mr. Phillips : Do you produce your
appointment by the Court as Trustee ?
'97No.
Mr. Hill: Do you object ?
Mr. Phillips: We admit nothing.
S.M.: As a general rule possession
is sufficient.
Mr. Phillips : They haven't proved
anything yet.
S.M.: The case hasn't gone far
enough yet. I overrule the objec-
tion.
Mr. Phillips: I'd like my objec-
tion noted.
S.M. : If Mr. Phillips will put his
objection in writing it would simplify
matters.
Witness (continuing) ) Received no
remuneration as trustee; the wife
and children were the beneficaries;
defendant was then in occupation ; he
was in the premises under a lease
that expired on 30th April, 1917 ;
just prior to that date defendant
asked; for a renewal of his lease and
wrote several letters; knew defend-
ant's handwriting ; received the letter
(produced) from defendrnt and as a
result witness came, to Cowra; it
was then agreed he should remain in
occupation for four years at £312
per year.
To Mr. Phillips: To the best of
my belief it was a verbal agreement.
Mr. Hill: I refer your Worship to
the case of Marston. v. Deane, when it
was held it was required to show how
a tenant came in possession.
Mr. Phillips objected to the evi-
dence.
The S.M.: I admit the evidence.
Witness (continuing): Shortly
after that left for Japan and on his re-
turn twelve mouths later a lease was
submitted to witness by Mr. Phil-
lips, who was then acting as his so-
licitor, providing for a four years'
term at £312 per annum ; it was not
signed by witness, as it contained
clauses he would not agree to ; Ken-
nedy had offered him £700 for a
lease such as that before ; received the
letter (produced) in which Kennedy
threatened to take proceedings; later
received the letter (produced) from
Messrs. Garden and Gilcreest (who
were Kennedy's solicitors at the
time).
Mr. Phillips : I submit there was
no evidence it; was written with de-
fendant's authority.
Mr. Hill: It was written by his
solicitor.
Witness (continuing) : Instructed
his solicitor to write in reply;
S.M.; Did you give them notice, to
produce?
Mr. Hill: Owing to the great dis-
tance between the places unfortun-
ately notice to produce was not
served.
Mr. Phillips: There is no evidence
the letter was writlen by Garden and
Gilcreest.
The S.M.: There is a way of get-
ting that evidence. It is a purely
technical objection.
Mr. Hill: I won't have it marked
then, Your Worship.
The S.M.: You can put it in just
for what it's worth.
Witnees (continuing) : Attended
with a clerk from your office at the
office of the Master in Equity; defen-
dant was still in possession; was still
Trustee and owner of the premises ;
Mr. Montgomerie exhibited the infor-
mation and was authorised by wit
ness; before April 30th of this year
defendant asked for a further lease of
ten years, and offered £600 ; replied
in writing; had other offers to lease
the premises; defendant did not reply
to witness letter ; the lease expired
on 30th April, 1917.
To Mr. Phillips: Mr. Montgomerie,
under my instructions, exhibited the
complaint.
Mr. Phillips: I object to the auth-
ority; as Mr. Montgomerie was only
authorised to exhibit an information
and this is really a complaint.
S.M.: What the difference P
Mr. Phillips: They have different
meanings under the Landlords' and
Tenant's Act.
S.M.: I overrule the objection.
To Mr. Phillips: Say he is not
holding ou his old lease; allowed him
further possession in 1917 ; made ar-
rangements to give him a lease, but it
was never put through, and he kept on
on the old terms ; gave him his word
he could stay on for 4 years whether
he had a lease or not.; defendant was
in possession of the premison under
the old lensa; he didn't fulfil his part
although I did mine ; he paid rent up
to April 30th, and I then instructed
it to be sent back to him ; no lease
was signed by me ; they told me you
as my solicitor had lost it ; the rent
has been the same as before from
1917 to April 30th, 1921.

By Mr. Hill: There were variations
in the old lease; agreed to insure
against fire and do structural repairs,
but refused to do any alterations, be-
cause the rent had not been altered
for 20 years ; the Court called on me
to do certain repairs and I had it
done and paid for it ; defendant had
not paid any money for repairs.
By Mr. Phillips: Agreed to do
structural repairs, but not structural
alterations.
To the S.M.: There has been no
notice to quit ?
Mr. Hill: No, only that the term
has expired.
Mr. Phillips submitted on appli-
cant's own evidence he could not suc-
ceed, and quoted authorities to sup-
port his view. He held his client
was a yearly tenant.
Mr. Hill replied, quoting a case 90
years old, in which it was held where
there was an agreement for a lease
the tenancy automatically ceases.
Witness (recalled) : Came to Cowra
prior to the lease expiring; at the
time Kennedy threatened to take
proceedings under the Fair Rents
Act for a reduction of rent; that was
about March; 19 17 ; saw Keunedy in
Mr. Gilcreest's office and he said if I
gave him an extension for four years
he would not go furthor re the appli-
cation for reduction of rent; told
him Mr. Phillips had advised me he
had no case and personally I didn't
think he could succeed and pointed
out £6 a week on a £5000 property
was not a fair return; at that time
the position was bad ; discussed the
matter amicably and said he would
give a further lease of four years for
the same terms with several alter-
ations, witness to do the structural
repairs and to insure for risk against
fire; the time agreed on was four
years; that terminated all other
agreemeets between them ; defendant
carried on under that agreement and
paid rent; absolutely refused to do
the structural improvements..
To Mr. Phillips : There was a
verbal agreement ; defendant wanted
me to do certain things and I would
not ; refused to do structural
alterations ; there was a verbal
agreement, and you were present as
my solicitor; went to Japan think-
ing everything was satisfactorily ar-
ranged ; went to Japan every year
for about eight years; it was a con-
ditional agreement ; refused to sign
the lease drawn-up, and it had not
been signed yet by me.
Mr. Phillips asked that the appli-
cation be dismissed.
S.M. : When the terms, were
agreed on and the lease was not com-
pleted I hold you are not entitled to
notice. I am against you that far.
Patrick Kennedy deposed he was
licensee of the Royal Hotel, Cowra ;
in 1917 saw complainant and had a
discussion in regard to the renewal of
the lease ; went to Garden and Gil-
creest's office ; had a discussion and
the agreemont arrived at was that if
witness withdrew his application for
a reduction of rent he would be given
a four years lease without paying a
bonus; the lease was prepared; the
building was in very bad repair at
the time ; arranged with complain-
ant' to do structural repairs or wit-
ness could have same done and de-
duct the cost from the rent; com-
plainant absolutely refused a lease
and repudiated the whole arrange-
ment ; had been there ever since
under the terms of the old lease and
paid the same rent.
To Mr. Hill : The terms of the old
lease in regard to repairs provided
that I was to pay for same ; certain
repairs have bean done lately and I
did not pay for them ; referred to the
new lease as "a scrap of paper" and
refused to pay for structural alter-
ations and some painting; Garden
and Gilcreest were my solictors; the
conference was prior to the ex-
piration of the lease; an agree-
ment was made about a lease; com-
menced an Equity suit against
Bennett ; the agreement mentioned
was put down in writing; continued
under the old lease ; did not pay for
the work insisted on by the Licensing
Inspector last year ; asked the Equity
court to compel Mr. Bennett to ex-
ecute the lease in pursuance of the
agreement, also to compel him topay
for damages sustained.
'By Mr. Phillips: The agreement
arrived af was that I was to get a
lease, which I never got; Bennett
absolutely denied any agreement;
Bennett repudiated any agreement re-
structural alterations and I say he
agreed to do same ; the structural al-
terations cost £918 ; did not do
them.
To Mr. Hill: Could not say how
-much of that was for outside and in=
side painting.
Mr. Phillips held that there was
never any agreement arrived at.
Mr. Hill held there was, and relied
on the authority previously quoted to
show that no lease was necessary so
long as there was an agreement for a
lease.
After a lengthy legal, and at times
times highly technical, argument His
Worship found for complainant, and
ordered a warrant to issue, returnable
on Monday, July 4th. £4 12s costs
were allowed, in default one month
goal.
Mr. Phillips gave an undertaking
that the license would be renewed.

• Registration: Death, 1950, Chatswood District, New South Wales, Australia. ³ 27552/1950
BENNETT, FRANK

JULIA
CHATSWOOD

• Death Notice: Sydney Morning Herald, 1950 Nov 30, Sydney District, New South Wales, Australia. ⁴ BENNETT
Frank
Death notice
28NOV1950
Death

late of Sydney
Sydney Morning Herald
30NOV1950

• Newspaper: Family Notices, 1950 Nov 30, Sydney District, New South Wales, Australia. ⁵ Family Notices. (1950, November 30). The Sydney Morning Herald (NSW : 1842 -1954), p. 26. Retrieved August 3, 2012, from <http://nla.gov.au/nla.news-article18189145>
BENNETT, Frank.-November 28, 1950, at hospital, of Sydney, husband of Goggie, and Father of Dodie (Mrs. Philip Yates).
BENNETT -A Service for the late FRANK BENNETT of Sydney will be held at the Northern Suburbs Crema-torium, This Day commencing at 11 a.m.
ERNEST ANDREWS,
Chatswood. JA2834.

Frank married Henrietta Letitia Cramp [217] [L6MJ-5FW] [MRIN: 2147], daughter of Alfred Ernest Cramp [598] [9N54-5LZ] and Elizabeth Louisa Payne [71] [LXSJ-4FH], in 1905 in Sydney, Cumberland County, New South Wales, Australia. (Henrietta Letitia Cramp [217] [L6MJ-5FW] was born on 1872 Jun 17 in Yass, King County, New South Wales ⁶ and died on 1956 Apr 15 in Petersham District, New South Wales, Australia.)

  Noted events in their marriage were:

• Registration: Marriage, 1905, Sydney District, New South Wales, Australia. ⁷ 266/1905
BENNETT, FRANK
CRAMP, HENRIETTA L
SYDNEY