BAKER’S HOLIDAY PAY

Press, Volume LXXXII, Issue 24982, 17 September 1946, Page 3

BAKER’S HOLIDAY PAY

DECISION IN AUCKLAND CASE

LEAVE SOUGHT TO APPEAL TO PRIVY COUNCIL

(P.A.) WELLINGTON. Sept. 16. Application was made to the Court of Appeal to-day by Kents Bakeries. Ltd., of Auckland, for conditional leave to appeal to the judicial committee of the Privy Council against a decision of the Court of Appeal given on July 18 when the Court found in the worker’s favour in a case involving holiday pay. The worker concerned, James Raymond Moon, originally won the decision in the case in the Magistrate’s Court. The Supreme Court reversed the decision. Then the Court of Appeal restored the judgment of the Magistrate’s Court in Moon’s favour. Tne application heard to-day was brought under rule II of an Imperial Order-in-Council which provides for an appeal to the Privy Council as of right where the matter in dispute amounts to £5OO or more, and at the discretion of the Court of Appeal if in the Court’s opinion the question is of great general or public importance. Counsel for Kents Bakeries contended that the case came within this rule because, - although the amount directly involved was small, the indirect consequences of the judgment affected the whole of the bakery trade, and much more than £5OO was indirectly involved. In addition, the result of the case might affect producers and consumers throughout the country, and the case was therefore of great public importance. Counsel for Moon contended that the Court of Appeal had no jurisdiction to grant leave, and that there was no justification for granting a further appeal as the case had already been considered by three Courts. Decision was reserved. The application was heard by the Chief Justice (Mr Justice O’Leary), Mr Justice Blair. Mr Justice Kennedy, and Mr Justice Findlay. ,