Ruling On Sale Of Spares To Taxis

Press, Volume CIX, Issue 32315, 5 June 1970, Page 24

Ruling On Sale Of Spares To Taxis

(New Zealand Press Association)

WELLINGTON, June 4.

A co-operative taxi company had no authority to fine its members for failure to purchase their supplies of petrol, oil, tyres, batteries and other requirements from a service station in which the company had an interest, the Chief Justice (Sir Richard Wild) held in a judgment delivered in the Supreme Court today.

Three taxi proprietors, Mervyn Kenneth Gaskin, Clyde Ashton Robinson, and William Forrester South sought a declaration to that effect and also an injunction against Black, White and Grey Cabs, Ltd. His Honour said he did not think an injunction was necessary, but he reserved leave to the plaintiffs to apply further on that question. In 1968 the defendant company submitted to the Wellington District Licensing Authority a set of rules for approval, his Honour said. One rule required that as far as was reasonably possible, members of the com-

pany were to buy all their petrol, oil, tyres, batteries and other requirements from a certain service station in Adelaide Road. His Honour held that the rule was intra vires to the company.

Another rule provided that for breaches of the rules of the company fines up to SlO and suspension of radiotelephone service could be imposed. That rule had no application to the other rule, his Honour said.

Mr B. D. Inglis appeared for the plaintiffs and Mr R. B. Cooke, Q.C., with him Sir D. L. Mathieson, for the company.