THEATRE 'SUED.

Auckland Star, Volume LXIX, Issue 192, 16 August 1938, Page 11

THEATRE 'SUED.

COURT AWARDS DAMAGES.

DISTRIBUTORS' CLAIMS. (By Telegraph,—Press Association.) WELLINGTON, Monday. The case heard before the Chief Justice, Sir Michael Myers, in which four film distributing companies proceeded against Premier Entertainments, Ltd., Christchurch, in the Supreme Court, alleging fraudulent concealment of unauthorised film exhibitions, and failure to disclose the admission receipts on those dates, wae concluded this afternoon. Claims were made under various heads for film hire, unauthorised use of films, fraud and breaches of contract. Mr. E. P. Hay, for plaintiffs, said the company's liabilities were £4000, of which £2000 was owing for equipment. Assets were £34 in the bank and eome debts. Mr. Hay eaid there were other proceedings pending. His Honor: And you want it as a lesson to others? - Mr. Hay: That is the matter we are mainly concerned with. "This case is being defended by the liquidator, who had nothing whatever to do with the matters in dispute, and his only desire is to ha"ve the amounts of the companies' credite settled," said Mr. A. M. Cousins, who appeared for defendant. "He does not wish to deprive plaintiffs of one penny to which they are entitled, but he is in duty bound to other people interested in the liquidation." Mr. Cousins added that he could find no precedent for allowing damages in a case of this kind.

"I have no hesitation in saying the conduct of the company has been definitely shown to have "been fraudulent, and systematically fraudulent," said his Honor, in giving oral judgment, after remarking that the liquidator had acted properly. "I propose to give judgment which I am satisfied is just, and which I believe to be in accordance with the law."

He awarded the following amounts to the film distributors: —Metro-Goldwyn-Mayer, £131; Universal, £47; United Artists, £58; Warner Bros., £27.