TOWN MILK PRICE

Press, Volume XCIX, Issue 29227, 10 June 1960, Page 16

TOWN MILK PRICE

Appeal Against Ruling

(New Zealand Press Association) WELLINGTON, June 9.

The Court of Appeal today began the hearing of an appeal brought by the Hawke's Bay Raw Milk Producers’ Co-operative Company against the decision of Mr Justice Henry who upheld an order issued by the Minister of Agriculture to the Milk Board to fix the prices paid to town milk suppliers.

In the Supreme Court the plaintiffs, the present appellants, asked for an order on an originating summons determining the following question in connexion with the supply of milk by them to the Milk Board, the present respondent: “Was the town milk producer price which tne Minister of Agriculture purported to fix by notice to the Milk Board on October 31, 1958, validly fixed in accordance with the provisions of section 18 (1) of the Milk Amendment Act, 1951?’’ Mr Justice Henry found that the price was validly fixed and the Hawke's Bay firm is appealing on the ground that the decision was erroneous in law.

Mr W. E. Leicester, who with Mr K. F. Hoggard is appearing for the appellant, told the Court that the case involved a consideration of the question whether there had been a sub-delegation of legislative powers by the Governor-General in Council. Mr H. R. C. Wild, Q.C., and Mr P. A. Cornford are appearing on behalf of the Crown and Mr C. K. Stone is appearing on behalf of the Milk Board.

The Court of Appeal comprises the president (Sir Kenneth Gresson), Mr Justice Cleary and Mr Justice McGregor.