MILK PRICES

Auckland Star, Volume LXXII, Issue 229, 27 September 1941, Page 6

MILK PRICES

INJUNCTION CASE

COMMENT BY JUDGE

"The tribunal had better get an office boy who can do something better than that," declared Mr. Justice Blair in the course of some trenchant criticism of a letter from the Price Tribunal in reply to an application by the Auckland Milk Council for approval of a special schedule of winter prices for milk which the council had fixed. The council, said his Honor, had asked the tribunal to authorise the sale of milk at certain prices, and in its answer' the tribunal had not even used the word "authorise." It could be construed as nothing but,-side-stepping and dodging the issue. The Milk Council had, a very serious grievance at the .very casual way the matter had been attended to.

This criticism occurred in the course of argument in the Supreme Court yesterday afternoon on a motion by Arthur Thompson and other distributors of milk (Mr. Gould) for an injunction against the

Auckland Milk Council (Mr. J. B. Johnston>. alleging that the winter price schedule for 1941, fixed by the council, was invalid, as not having been made in accordance with the regulations. It was alleged that the council, by resolution, fixed the schedule to come into force on April 1, but had not secured the authority or approval of the Minister or the Price Tribunal before that date as required by the regulations, and that, further, it had not given objectors an opportunity to be heard. Action by Council Mr. Johnston said that the position was that the council passed a resolution in September, 1940, making the winter schedule for 1941 (starting on April 1) which was exactly the same as for the previous winter and then approved by the Price Tribunal. As the prices had not been raised it was presumed that there would be no objection from the tribunal. Then on April 8, the council wrote to the tribunal requesting approval, but received no reply. After other correspondence counsel himself and Mr. Gould went to Wellington and placed the matter before the tribunal. The present applicants were represented then by Mr. Gould at the meeting in i Wellington on May 16. and on that day the tribunal issued the letter of approval which was the subject of his Honor's remarks. In reply to his Honor, Mr. Johnston said he had to admit that authority had not been obtained until May 16. The prices had not been raised above those approved the previous year, when there were no objections, and from that date the legal position was in accordance with the regulations. His Honor remarked that Mr. Gould's submission was that not having become legally operative on April 1, the price schedule could not come into force at all. "Hole and Corner Business ,, When the matter was further argued this morning and Mr. Gould was making his reply to submissions by Mr. Johnston, a further reference was made by his Honor to the tribunal's letter to the Milk Council. "It is a hole and corner business, using equivocal language" he said, "and carefullv abstains from saying anything. It seems to me I am going to ,have great difficulty in holding it is a decision under section His Honor reserved decision.