PETROL SUPPLIES

Press, Volume LXX, Issue 21243, 15 August 1934, Page 9

PETROL SUPPLIES

♦ CASE AGAINST RESELLERS' ASSOCIATION OPHSS3 ASSOCIATION TELEGRAM.) WELLINGTON, August 14. Alleging that he had been victimised by the executive of the Wellington Petrol Resellers' Association, James Leach, proprietor of a station in Wakefield street, claimed £SO damages in the Magistrate's Court yesterday from the persons forming that executive. Hearing of the case was continued today, when the plaintiff was asked in cross-examination whether he was asking anything for the hire of brass bands. The magistrate enquired what was meant by bands, and defending counsel replied that after the plaintiff had managed to obtain petrol from the Shell Company, he hired a band to go round the other service stations and cause a disturbance. In answer to a question, the plaintiff said that after he had obtained supplies he had a band playing on his premises all day. Senior-Sergeant Caldwell said the plaintiff complained that certain individuals were following him to try to prevent him from carrying on business. One man, Read, was interviewed, and admitted that he on one occasion had been in the vicinity of the plaintiff's service station at night. He was approached by a constable, and the witness understood that Read did not give any lucid explanation as to why he was there. Read was the only defendant with whom witness had come into personal contact. Ruby Isabella Leach, wife of the plaintiff, said she accompanied her husband when he purchased petrol from various service stations. Shn detailed various dates in which the and her husband were followed. Further evidence that the plaintiff was followed was given. Case for the Defence "The issue has never been one of driving Leach out of business, but of maintaining the resellers' interests generally," said Mr Taylor, opening the case for the defei%ce. The right of the plaintiff to trade was not denied in any way, but if, in the proper exercise of the defendants' rights, Leach suffered damage, he had to take the consequences. &.U the defendants did was to act in lawful exercise of their rights as business men. What they had attempted to do was to establish a fair level of prices, not only for the benefit of themselves, but for the public generally. Assuming, for the purpose of argument, that Leach had suffered damage, there had still been no malice shown against him. He preferred to go his own way, and the defendants were entitled to say they would have no more to do with him. The president of the Wellington Retail Petrol Resellers' Association, William Murray King, said it would not be possible to make a profit if all the resellers sold at Leach's price. It had been felt by the executive that Leach was not acceptable as a member of the association. When the Gflmore supplies were cut off witness said he

had approached two resellers and pointed out that it was not a fair thing i'or them to supply Leach. It was something that could only result in injury to themselves and the rest of the resellers.