Supreme Court bid to stop market

Press, 16 August 1978, Page 7

Supreme Court bid to stop market

No evidence had been produced by the Canterbury and Westland Shop Assistants’ Union which would justify a permanent injunction to stop Saturday trading by the International Market, at 161 Tuarn Street. Mr B. S. Travis submitted when opening the case for the defence in the Supreme Court yesterday. The union wants an injunction against Kenneth Christopher Morgan, a company director, of Auckland, and Internationa] Market (Christchurch), Ltd. restraining them from opening the premises at 161 Tuam Street. It cites sections 11 and 23 of the Shop Trading Hours Act, 1977. Mr Justice Somers is hearing the application, and the hearing is expected to finish today. Mr J, G. Fogarty appears for the union, Messrs Travis, of Auckland, and P. Blackman for both! defendants. Mr Fogarty said that Mr Morgan and his company opened a market, which fell within the definition of a

shop under the act, at 161 i Tuam Street, on Saturday, August 12. Unexempted goods were sold, in breach of the Act. The plaintiff contended that they intended to continue to trade on Saturdays in future in defiance of the act. The market was similar to one run by Mr Morgan in Queen Street, Auckland, and the inference was that the penalties under the act were inadequate to stop illegal trading there. said Mr Fogarty. Brian Alderdtce, secretary of the plaintiff union, said that he visited the market in Tuam Street, last Saturday (morning. It was a mall-style structure containing stalls selling a wide variety of goods such as handcrafts, jewellery, dried flowers, art ' and vegetables. There were about 40 people on the i premises. To Mr Travis, Mr Alderdice said that he did not know whether any members 1 of his union were employed by either defendant. i

It was correct that it was the policy of his union that I there should be “no weeki end shopping,’’ he said. That was the present policy, but i the union was not blind to ; the fact that there was Saturday trading at New Brighton. The union opposed the application of every shop to open in New Brighton on Saturday on principle, however. Opening his case, Mr Travis submitted that the union had failed to establish a case. It had not established that it had locus standi — the right to bring the application for the injunction. On the admissable evidence of the union, there was no basis on which the injunction could be granted. There was no evidence of illegal trading at the market on a Saturday. His Honour said that Mr Alderdice had given evidence of stalls being open for the sale of goods on a Saturday. The defence will call evidence today.